Legal Question in Criminal Law in Washington

Use of Non-Lethal Self-Defense

If a guilt-less vehicle owner finds that

they are confronted by an individual

aggressively brandishing a weapon

(knife or firearm) in hopes of stealing

the vehicle, does the defending

vehicle owner have justification to

use any non-lethal force, potentially

physically disabling the assailant?

(e.g. TASER use and breaking limbs

to prevent future weapon

retrieval/use)


Asked on 8/28/07, 2:46 am

1 Answer from Attorneys

James J. White, attorney Law Offices of Smith & White, PLLC

Re: Use of Non-Lethal Self-Defense

You may use reasonable force to defender yourself, your property and others. Reasonable force is usually considered force equal to or less than the force used against you. The less enduring the injury the more likely a jury is to find it reasonable. I recommend the TASER over breaking limbs.

For a Hollywood treatment of the use of excessive force in defense see CONAIR.

At your service,

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Answered on 8/31/07, 1:35 pm


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