Virginia Self-Defense Laws

Virginia self-defense laws rely on the common law definition and case law to allow you to use reasonable force, including deadly force in some situations, when you have a reasonable belief that you face an imminent threat of serious bodily injury or death. There is no general duty to retreat, but there are strict limits on when “stand your ground,” the castle doctrine defense, and firearm use will be legally justified in court, and whether the defendant used reasonable force or excessive force depends on the circumstances of the case.

Since each case is unique, anyone with a self-defense claim should consider contacting a criminal defense lawyer to discuss the facts of their case. This extremely complex area of the law can result in an arrest and conviction without the guidance of a knowledgeable legal expert.

Virginia Self-Defense Laws

Even states with statutory self-defense laws base their rules on the common law definition of self-defense. In Virginia, self-defense must meet these legal criteria:

• Reasonable belief that the use of force was justified and necessary: The “reasonable person” standard is what someone else would objectively do in the same circumstances
• Imminent threat of attack or danger: Only an overt act justifies the use of force against an attacker, not fear of a future attack or a threat that has ended
• Amount of force used against the defendant, based on the threat: The reasonable person standard means you cannot use deadly force against non-deadly force
• Deadly force when the threat of imminent danger of death or serious bodily harm, supported by an overt act that would cause a reasonable person in the same situation to believe such danger exists: Verbal threats alone are not enough unless accompanied by conduct showing an immediate ability and intent to carry them out

The common law standard does not impose a duty to retreat to safety before using force in self-defense. Still, if you could have retreated and avoided the conflict, the reasonable person standard may affect your case.

For example, imagine a case where two individuals get into a bar fight. The aggressor attacks the defendant, who is standing beside the exit. The defendant is smaller, so they grab a handy bar stool and push it at the aggressor, throwing him to the ground. At the trial, the prosecutor reasonably asks why the defendant did not just walk outside, since the exit was right there. The jury must decide if the defendant’s decision was reasonable under those circumstances.

Castle Doctrine and “Stand Your Ground” Laws

Virginia does not have a codified castle doctrine statute, but the common law definition is the same. The castle doctrine removes the requirement to retreat if you are in your own home and believe a trespasser may cause you or others in your home death or great bodily harm.

The reasonable person and use of lethal force standards still apply, even when you are in your home. The difference here is that a trespasser or intruder has fewer rights to be in your home.

Virginia code does not include a “stand your ground” law. In states with “stand your ground” statutes, the duty to retreat is removed by statute. Courts may still apply a reasonable person standard to evaluate whether the belief in the need for force and the degree of force used were reasonable. In Virginia, courts apply the reasonable person standard, along with the no-retreat rule recognized in case law, to determine if a defendant is without fault.

Legal Options for Self-Defense Claims

Virginia’s assault and battery statute includes an exception for law enforcement officers and others in the course of their duties. A defendant can present evidence to show they performed their actions in self-defense during the trial.

Justified Self-Defense

For the defendant to be without fault in a justified self-defense claim, they must:

• Not have been the initial aggressor or provoked the attack
• Not have used excessive force in repelling the attack

The defendant must also not have extended the altercation if it was clear the other participant wished to end it.

Excusable Self-Defense

A person may claim excusable self-defense if they:

• Was the initial attacker or aggressor, but attempted to break off the assault and clearly demonstrated this to the other person
• Did not use excessive force in continuing the assault

It can be difficult to claim self-defense if you initiated the incident.

Virginia Self-Defense Laws: Related Resources

You can learn more information on self-defense laws in Virginia and other jurisdictions below:

• Virginia Criminal Laws
• States That Have Stand Your Ground Laws
• Criminal Defense Strategies

Get Legal Advice From a Virginia Criminal Defense Attorney

Self-defense depends on the circumstances at the time. Any violent crime needs a vigorous legal defense. If you are facing criminal charges, consider reaching out to a Virginia criminal defense attorney for legal advice and defense for the criminal charges you’re facing.