Legal Question in Criminal Law in Virginia
Self defense? or Malicious Wouding
If someone tries to walk away and avoid confrontation by an agressor but was attacked from behind as he walked away, is it self defense that the person had to fight back to save his life? The person walking away was strangled and had to fight for his life due to the other man being twice his size. The big guy that was the attacker was injured when he fell backwards in the struggle. Being as he was hurt and the other person was not, the other person got charged with a serious charge of malicious wounding for hitting the guy in order to stop him from choking him in front of his children.
1 Answer from Attorneys
Re: Self defense? or Malicious Wouding
Yes, the "little guy" would appear to have a viable claim for self defense under the circumstances described, but he will apparently still be required to prove it in court.
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