In Virginia, it is illegal to intentionally put someone in fear for their safety. It is also illegal to make physical contact with another person intending to harm or insult them. People may face assault charges after an altercation with another person.
Those charges can lead to incarceration, fines and a life-altering criminal record. Sometimes, those accused of assaults believe that the charges are wrongful. They may insist that they acted within the law because they only wanted to protect themselves.
Can individuals accused of assault or assault and battery in Virginia assert that they acted in self-defense?
Self-defense claims require careful preparations
Many states have clear statutes explicitly explaining what constitutes self-defense. Virginia is not one of those states. Instead, the standard for self-defense claims comes from prior court precedent and common law.
The generally accepted rule for self-defense assertions is that the person accused of assault must have had a reasonable fear of imminent physical harm. If one person pulls back their arm as though they intend to punch another party, the person threatened by that behavior could use physical force to defend themselves.
Most other people could recognize that as a scenario in which it is reasonable to fear for one’s physical safety. Other individuals in the same situation typically have to view it as a threat to their safety for the use of force to be an act of self-defense. Additionally, it is generally necessary for someone to be in a location where they have the legal right to be present.
Those trespassing or committing other crimes at the time of an incident may not be able to claim that they acted in self-defense. The same is true in situations where the person accused of assault instigated physical contact and then became afraid for their own safety.
What feels reasonable to a defendant may not seem as reasonable to members of a jury. It is therefore very important to look over the situation that led to assault charges at length. Self-defense claims can be a viable defense strategy in some circumstances.
In others, the courts may not allow the defendant to claim that they acted in self-defense because of the details of the situation. There may be other defense strategies available depending on the circumstances. Learning about Virginia’s self-defense rules can be beneficial for those accused of assault and other violent crimes.
Individuals have the right to protect themselves from harm and possibly to intervene in an incident for the protection of a third party. Those who know their rights are less likely to plead guilty to unfair assault charges if they acted to protect themselves or another person.