Of Arms and the Law

Navigation
About Me
Contact Me
Archives
XML Feed
Home


Law Review Articles
Firearm Owner's Protection Act
Armed Citizens, Citizen Armies
2nd Amendment & Historiography
The Lecture Notes of St. George Tucker
Original Popular Understanding of the 14th Amendment
Originalism and its Tools


2nd Amendment Discussions

1982 Senate Judiciary Comm. Report
2004 Dept of Justice Report
US v. Emerson (5th Cir. 2001)

Click here to join the NRA (or renew your membership) online! Special discount: annual membership $25 (reg. $35) for a great magazine and benefits.

Recommended Websites
Ammo.com, deals on ammunition
Scopesfield: rifle scope guide
Ohioans for Concealed Carry
Clean Up ATF (heartburn for headquarters)
Concealed Carry Today
Knives Infinity, blades of all types
Buckeye Firearms Association
NFA Owners' Association
Leatherman Multi-tools And Knives
The Nuge Board
Dave Kopel
Steve Halbrook
Gunblog community
Dave Hardy
Bardwell's NFA Page
2nd Amendment Documentary
Clayton Cramer
Constitutional Classics
Law Reviews
NRA news online
Sporting Outdoors blog
Blogroll
Instapundit
Upland Feathers
Instapunk
Volokh Conspiracy
Alphecca
Gun Rights
Gun Trust Lawyer NFA blog
The Big Bore Chronicles
Good for the Country
Knife Rights.org
Geeks with Guns
Hugh Hewitt
How Appealing
Moorewatch
Moorelies
The Price of Liberty
Search
Email Subscription
Enter your email address:

Delivered by FeedBurner

 

Credits
Powered by Movable Type 6.8.8
Site Design by Sekimori

« Dave Kopel roundup on Colorado decision | Main | Idaho prosecutor caught with stolen guns »

Self defender wins legal fees under a nifty statute

Posted by David Hardy · 7 June 2006 06:46 PM

Via Arbitrary and Capricious (which posts the statute): A story in The Olmypian:

Defendant was a serviceman charged with assault with a firearm; defense was that he had drawn it to ward off an angry group menacing him and his girlfriend. Jury found for him. Now the State finds itself liable for his legal fees, perhaps $25,000, under a Washington state law providing that "When a person charged with a crime listed in subsection (1) of this section is found not guilty by reason of self-defense, the state of Washington shall reimburse the defendant for all reasonable costs, including loss of time, legal fees incurred, and other expenses involved in his or her defense..."

The article fills in some details. He and a friend and their girlfriends were accosted by a group of seven. The group threatened them. His friend had the gun, but dropped it and there was a scuffle and he came up with it, and warned them to back off. Prosecutor said they went with it because he hit one of the group with the handgun. The jury foreman noted they presented no evidence of this. One of the prosecution witnesses said he was so drunk he couldn't recall much of the event.

A nifty statute, although as one attorney points out, since the State rather than the county pays, it's not much deterrent to a county prosecutor.

Hat tip to refugee(at sign)ricketyclick.com, and Ricketyclick Blog

· Self defense

2 Comments | Leave a comment

Achilles | June 8, 2006 1:12 PM | Reply

This Washington statute is a real boon for the right of self-defense. The poor guy who saved the police officer's life in Baton Rouge, then was taken to a grand jury for his trouble, could use something like this. Does anyone know of similar laws in other states?

Gina | February 18, 2011 11:32 AM | Reply

I wanted to say that I am a 41 year old female , I've worked for the past twenty years supporting my husband and daughter, i recently got a divorce and am scared being by myself. I look above average and am very nice and personable. My background includes a felony for drugs when I was 18 and a 4th degree assault charge when I was 30. According to our laws I cant have the right to bear arms and I beleive this is a total injustice to women because we arent as strong as men and cant defend ourselves in hand to hand combat with a male. I beleive I should be able to possess a firearm because my felony charge was from when I was 18 and the 4th degree assault was only verbal there was no physical violence. I beleive if more women had the right to bear arms with felony convictions that were not violent then we wouldn't be killed as much as we are. It is very scary being a single woman, I beleive that it should come down to a case by case to determine elegibility for a gun permit.

Leave a comment