imported post
Actually this does have to do with self defense and I know this forum is mainly dedicated to open carry but it is a mode of carry as concealed carry is as well.
The issue I am bringing forward is call the law of necessity in Washington State and many other states if you can show by a preponderance of the evidence.
This allows one to break a law to prevent a greater evil.
Note this does not apply if the illegal act was preplanned as if you were to carry into a bar and then a robbery occurred, necessity as a defense would not be available.
If the robbery was occurring and you ran outside and retrieved from your car and then entered the bar it would be.
You cannot break a law ahead of time, so if the bug or wasp spray was used in self defense but you did not buy it for the purpose then necessity for a defense may be used.
Part IV. Defenses
WPIC CHAPTER 18. Miscellaneous Defenses
WPIC 18.02 Necessity—Defense
Necessity is a defense to a charge of __________ if(1) the defendant reasonably believed the commission of the crime was necessary to avoid or minimize a harm; and(2) the harm sought to be avoided was greater than the harm resulting from a violation of the law; and(3) the threatened harm was not brought about by the defendant; and(4) no reasonable legal alternative existed.The defendant has the burden of proving this defense by a preponderance of the evidence. Preponderance of the evidence means that you must be persuaded, considering all the evidence in the case, that it is more probably true than not true. If you find that the defendant has established this defense, it will be your duty to return a verdict of not guilty [as to this charge].
