Earlier this month, we discussed Virginia’s standard self-defense laws.
To summarize, the use of force is justifiable if:
- You sincerely believe you are in danger
- You believe this danger to be immediate
- You believe that failing to defend yourself will result in death or severe injury
- The amount of force is proportionate to the attack
In this article, we will explore other valid forms of self-defense in the state. For instance, self-defense laws change slightly if you are at home or if you are defending property. We will reveal these changes and others along the way.
Here are some unique forms of self-defense allowable under Virginia law.
Defending Yourself Against Law Enforcement
Most of us assume that the police are allowed to do whatever they want in the moment, and if they cross the line, we can seek justice later. The police are armed, so you may feel it’s in your best interest to go along with whatever they do.
By Virginia law, however, you have the right to defend yourself against the police. If they use unnecessary force, you can fight back. You might get arrested for assaulting an officer, but if the evidence is clear and your arguments are sound, you may be able to beat this charge in court.
When defending yourself against violent cops, your response must follow all the same rules outlined above.
The Castle Doctrine
Most of the time, self-defense requires an immediate threat to your body. The castle doctrine, however, provides a bit of leeway.
Under this standard, you can use force to prevent someone from entering your home. Therefore, you may not be under an imminent threat. However, you must have a reasonable belief that if this person does enter, they mean to seriously harm you or your family.
The difference between this doctrine and standard self-defense is thin, but it is important. For instance, if ran into a store to take shelter from an attacker, you can’t use force against them if they are locked out. You would, theoretically, not be in imminent danger. The castle doctrine essentially treats your home as a “safe space” from harmful people.
Defending Property
In some cases, you can use force when someone attempts to take your property. If someone tried to steal your purse off your arm, for instance, you could be justified in punching or kicking them. However, only proportional force is allowed when defending your belongings. It would be difficult to justify beating a purse-snatcher half to death.
Virginia’s Stand-Your-Ground Laws
The old-fashioned form of self-defense required people to make every reasonable effort to retreat from an attacker. Stand-your-ground laws make this step unnecessary. In Virginia, you have the right to stay where you are and fight off an aggressor.
Your forceful response must incorporate the normal standards for self-defense. The danger must be imminent, possibly resulting in death or serious injury, and your response must be a reasonable amount of force against the attack.
If you were forced to commit an act of violence to defend yourself, your home, or your property, call our firm today for help. We may be able to move swiftly, crafting an appropriate defense for you. Our number is (540) 386-0204, and you can also contact us online.