Virginia’s castle doctrine allows you to use deadly force against a person or persons who intend to cause great bodily harm or death upon entering your home or “castle.” There are provisions under Virginia law that specify your rights to protect your family and your home. You Have the Right to Defend Your Property in Virginia So, for instance, if the threat to you falls into the “bodily harm” category but your reaction is “deadly force,” this is not justified, even if you are acting in self-defense. Generally the rule is that a person may only use the “necessary” amount of force to protect themselves. If the attack continues anyway, you may then use reasonable force to protect yourself. Excusable Self-Defense (with fault): If your misconduct provoked the conflict, you must draw back and let the attacker know that you refuse to fight.Justifiable Self-Defense (no-fault): For self-defense to be considered justifiable, you should not provoke the assault or use lethal force.Even if this is unintentional, you may not be able to prove motivation in court.ĭepending on the circumstances, a self-defense charge will fall into one of the following categories: Sometimes people go too far in their attempt to defend themselves. Contact us for a consultation There are Limits to Claiming Self-DefenseĬlaiming self-defense is complex and there are limits to your right to defend yourself. If you believe you have been unfairly accused of a crime such as assault, an experienced Virginia defense attorney can help. Too many people make snap judgments and then act on their fear without thinking, which can not only be deadly, but can put the accused behind bars for life.

It’s normal to panic if we believe we are threatened, but this is not something that we can prove in court.

You reasonably believe that you or another innocent party are facing an immediate, real threat of serious physical harm or death from the attacker.

Your response to the threat is necessary, and.Virginia law allows you to claim self-defense if:

To successfully claim self-defense in VA, you need to be able to prove that you were threatened - not that you “believed” that a person was a threat, but that they performed some action that indicated attack. Under Virginia law, you are allowed to use deadly force to defend yourself and your family when you are facing an imminent threat, whether in your home, on the street, at work, or in any location.īut how can you tell if self-defense is within the law or illegal? This information should help.

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