Sometimes, violence is a justifiable response to an attack. It is legally valid to protect yourself or others. In either situation, you are committing an act of self-defense.
Each state’s self-defense laws are a little different. Virginia uses four different standards to justify self-defense. You must meet each one for a self-defense plea to stand up in court.
- You Have a Genuine Belief That You Are in Danger
Imagine you’re in a dark alley, and you see someone advancing on you, holding a baseball bat high above their head. In this scenario, it is completely reasonable to assume you are being attacked. If you respond with force, this is a justified act of self-defense.
This is true even if you later discover you were not a target. Maybe there was a vicious dog at the other end of the alley, and the other person was trying to fight them off. It doesn’t matter. Your genuine belief is enough to validate an act of self-defense.
- You Believe That You Are in Imminent Danger
Self-defense happens in the moment. Someone is attacking you, and you fight them off.
Self-defense is not a situation where you seek someone out. Imagine you have a stalker who makes threatening phone calls every night. This is a scary, tense situation, and you need help to be free from this person. You cannot, however, take it upon yourself to hunt them down and beat them up.
- You Believe That the Danger Could Result in Serious Injury
Slapping someone is illegal. If you block someone’s slap or push them away, they could accuse you of assault. You would then need to argue that you were protecting yourself. This is, technically, a self-defense plea, but it doesn’t quite fit what we’re discussing in this article.
A violent act of self-defense must be born from a genuine fear for your safety. Essentially, if you don’t fight back, you would be killed or seriously harmed.
- Your Response Is Proportionate to the Attack
The details matter in a criminal trial. Imagine a smaller man attacking a larger man with a garden rake. The larger man has every right to respond with force. However, he must keep his size in mind. It might be justifiable for him to slap or even punch the smaller man. He can’t, however, grab the smaller man and repeatedly punch him, crushing his face.
Proportion is especially important when you must use deadly force. The defense must prove that killing your assailant was your only option. For example, if an attacker pulls a gun, and you may be able to shoot first in self-defense.
Defending Someone Else
All of the above standards apply if you are protecting someone else, too. Legally, you “take the role of the victim” in this case. Essentially, the court looks at your response through the eyes of the victim. For example, if someone is getting beat up, your protective response must be proportionate to the attack.
In our next blog, we will explore other justifiable forms of defense in Virginia.
Our firm is here to help if you acted in self-defense, but you’ve been accused of a violent crime. Call us today at (540) 386-0204, or schedule time with us online.