What is Stand Your Ground in Virginia?
Stand Your Ground, also known as the Castle Doctrine, is a self-defense law that provides individuals with the right to use deadly force in certain situations without having to retreat. These laws vary from state to state, but the general principle is this: an individual is not required to retreat from a dangerous situation if they are in a place where they have a right to be, such as their home, workplace, or vehicle. If an individual is approached by an aggressor, they can use deadly force to defend themselves if they reasonably believe that the aggressor is about to cause them serious bodily harm or death, and they cannot safely retreat.
Is Stand Your Ground in Virginia?
Yes, Virginia has Stand Your Ground law. Va. Code 18.2-101(C)
What are the requirements for using deadly force under Virginia’s Stand Your Ground law?
To use deadly force under Virginia’s Stand Your Ground law, an individual must:
- Be in a place where they have a right to be, such as their home, workplace, or vehicle.
- Be approached by an aggressor who reasonably appears to be about to cause them serious bodily harm or death
- Have no way to safely retreat from the aggressor
What exceptions are there to Virginia’s Stand Your Ground law?
Virginia’s Stand Your Ground law does not apply if:
- The individual is committing a felony or is engaged in criminal activity.
- The individual is provoked into a fight by the aggressor.
- The individual is using deadly force against a law enforcement officer who is acting in the line of duty.
What are the potential consequences of using deadly force under Virginia’s Stand Your Ground law?
If an individual uses deadly force under Virginia’s Stand Your Ground law, they may be charged with a crime, such as murder or manslaughter. However, if the individual is found to have acted in self-defense, they may be acquitted of the charges.
Stand Your Ground laws are controversial, and each state’s relationship between duty to retreat and stand your ground is unique. Virginia law starts with a presumption that a person can stand their ground when meeting force with force. However, there is a duty to retreat if you can do so safely.