Self-Defense In Virginia
Virginia does allow claims for self-defense, but there are certain limits and considerations to keep in mind
When is Self-Defense Valid in Virginia?
In Virginia, self-defense can be raised as a defense to an assault, battery, attack or attempted homicide when a person, reasonably believes that they are in imminent danger of bodily harm or death.
How Does the Defense Apply?
Self-defense is a murky concept and like most defenses in criminal cases tends to depend on the situation. However, broadly speaking, self-defense can be broken down into 4 different parts: Reasonableness of the belief, the immediateness of the danger, the seriousness of the danger, and the proportionality of the force used in relation to the threatened harm.
Reasonableness:
Reasonableness is taken from the subjective viewpoint of the party asserting the defense related to the action taken. However, there is a bit of nuance to the reasonableness concept. You are justified in using force to repel an imminent unlawful attack, if you held a subjective belief that the force was needed, even if later it turns out you were wrong. But that “belief” is contingent on an evaluation of the circumstances at the time; if taken together the circumstances indicated that the belief was reasonable. In other words, even if you genuinely believed that you needed to use force to repel an imminent attack, if it becomes apparent from the circumstances that the belief was unreasonable the defense no longer applies.
Imminence and Seriousness:
One of the requirements for this defense is that the harm threatened is about to occur. There must be an immediate and real threat to your safety; simply being afraid that someone may hurt you or someone is threatening harm to you in the future is unlikely to be sufficient to pass muster for this defense.
Proportionality:
Much like many other states, self-defense in Virginia focuses on the proportionality of the action taken in relation to the threatened harm. By way of example, you’re unlikely to be able to justify shooting someone based on self defense if all they did was punch you in the gut or slap you across the face.
The Need for An Attorney:
Self-defense is a very murky and complex area of law, its important to think and be cautious when you use force; however justified you may think you were you might have to prove your case to a court of law. An experienced attorney may be able to help avoid charges, or get charges dismissed or reduced (with lower penalties). The law office of Petrovich and Walsh can assist. Centrally located in Fairfax, our knowledgeable staff serves all of Northern Virginia. With more than 25 years of experience, we are here to help you or a loved one who is facing criminal charges in the Commonwealth of Virginia.
