“Virginia law permits using force necessary to repel the force directed at you. The force used must be proportionate to the harm threatened.”
RICHMOND, VA, May 25, 2023 /24-7PressRelease/ — To defend yourself and your family from an imminent threat, deadly force can be used in Virginia whether you are at home or any other place. But the question arises, is self-defense legal or illegal? Here is some information that should make it evident.
According to Virginia Law, it’s necessary to prove that you faced a threat to claim self-defense. You must prove that the person performed an action that indicated an attack.
A person can claim self-defense in Virginia when they defend themselves against an attack, and if:
• The attack was unprovoked;
• Response was necessary due to the threat;
• The assailant was posing an immediate real threat to an innocent individual or yourself.
Although people can panic during an imminent threat, it’s essential to make decisions based on the situation at hand. Too many people react impulsively, which can lead to being prosecuted and serving jail time.
When it comes to self-defense, there are limited rights involved. Even if actions are unintentional, motivation may be difficult to prove in court. Self-defense charges may fall into one of the following categories depending on circumstances:
1. If the attacker or you did not provoke the attack, self-defense is considered justifiable (no-fault).
2. Self-defense (with fault): If you wronged the attacker, you should draw back and tell them you refuse to fight. If the attacker continues to attack, you may use reasonable force to defend yourself.
3. A person may use “necessary” force to protect themselves based on the situation. Using “deadly force” may not be justified if you are being threatened with bodily harm.
Richmond defense attorney, Cody Villalon says, “Virginia law permits using force necessary to repel the force directed at you. The force used must be proportionate to the harm threatened.”
It’s important to note that using excessive force is not protected under the law. If a person is threatened with non-deadly force, they cannot use deadly force to repel the attack.
About Cody Villalon, Attorney at Law
Richmond defense attorney Cody Villalon has over ten years of legal experience and has defended 1,000 cases. His area of expertise is to represent people that are in serious criminal charges, including violent offenses and DUIs. He is aware that facing criminal charges can be overwhelming and scary for people, and he stands by those who have faced violence.
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