Legal Question in Criminal Law in Virginia

When do you have the right to defend yourself in your home?

When and what circumstance do you have the right to defend

yourself in your own home? Thank


Asked on 9/21/02, 1:36 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: When do you have the right to defend yourself in your home?

You always have the right to defend yourself

no matter where you are. If you're referring to the circumstances in your own home under which you

may use deadly force in defense of yourself or others, if your life is threatened or the lives

of others are subject to such threats, you are not

required to leave your home to avoid or escape the threat(s), but may respond, accordingly(with deadly force).

The life-threatening actions, however, are

subject to the reasonable person test, meaning that any reasonable person would perceive

them as such, and act, accordingly. They must not

be imaginings which you think are reasonable but the average person happening upon the scene would not.

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Answered on 10/07/02, 4:51 pm


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