Virginia Self-Defense
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FAQ
Stand-your-ground laws are essentially a revocation of the duty to retreat. Stand your ground laws generally state that, under certain circumstances, people can use force to defend themselves without first attempting to retreat from the danger.
However, if a police officer arrests you unlawfully, you are entitled to use reasonable force to defend yourself. Va Code § 18.2-479.1.
This clause removes the ?duty of retreat? even outside of one's home (car, work, where one is allowed to possess a firearm). The State of Virginia doesn't have a ?Castle Doctrine? or a ?Stand Your Ground? clause.
Duty to Retreat in Virginia Unlike other states, Virginia does not have a ?stand your ground? law. Instead, a person is justified in not retreating if certain circumstances are met.
Virginia also has a "no retreat" or more commonly know as a "stand your ground" law, which means you are not required to "retreat", in other words try to escape, prior to using self defense, under certain circumstances. 3. Self defense can provide a legal basis as a defense in cases, in part, involving: Murder.
Search the Definitions. all words any words phrase. self-defense. n. the use of reasonable force to protect oneself or members of the family from bodily harm from the attack of an aggressor, if the defender has reason to believe he/she/they is/are in danger.
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.
West Virginia Law West Virginia has enacted a stand your ground law which removes the duty to retreat before using deadly force in self defense when a person is in any place he or she has a legal right to be.
