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"Virginia law only permits people to use the force necessary to repel the force directed at them. This rule requires that the force used must be proportionate to the harm threatened."
RICHMOND, VA, May 25, 2023 /24-7PressRelease/ -- Under Virginia law, you can use deadly force to defend your family and yourself if you face an imminent threat, whether at home, on the street, at work, or anywhere else. But how do you know whether self-defense is legal or illegal? The following information should help.
It is necessary to prove that you were threatened to claim self-defense in Virginia. Not that you "believed" that a person was a threat, but instead that they performed some action that indicated an attack.
It is considered self-defense in Virginia if you defend yourself when someone attacks you and:
• It was an unprovoked attack;
• As a result of this threat, your response is necessary;
• The assailant poses an immediate, real threat to you or another innocent party.
In a situation where we feel threatened, we can panic, but that cannot be proven in court. Too many people react without thinking, which can be dangerous and put them behind bars for the rest of their lives.
You have limited rights to defend yourself if you claim self-defense. Motivation may be difficult to prove in court, even if it is unintentional. Based on the circumstances, self-defense charges can fall into one of the following categories:
1. For self-defense to be considered justifiable (no-fault), neither the attacker nor you should provoke the attack.
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. It is generally assumed that a person may only use the "necessary" amount of force to protect themselves. For example, if you are threatened with bodily harm, but your reaction is "deadly force," that is not justified.
Richmond defense attorney Cody Villalon says: "Virginia law only permits people to use the force necessary to repel the force directed at them. This rule requires that the force used must be proportionate to the harm threatened."
Excessive force is not protected. A person cannot use deadly force to repel a non-deadly attack if threatened with such an attack.
About Cody Villalon, Attorney at Law
Richmond defense attorney Cody Villalon treats every client with the utmost compassion and dignity. His legal experience spans over ten years, and he has defended more than 1,000 cases.
His practice focuses on serious criminal charges, including violent offenses and DUIs. Mr. Villalon understands that facing criminal charges can be scary and overwhelming and stands by families who have been affected by violence.
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