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
1 Answer from Attorneys
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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