Virginia - Duty to retreat/castle doctrine/stand your ground?

[gerard]

I have lived in Virginia for about 2 months now and I am curious as to where Virginia stands on this? If someone is breaking in my home and I feel my life is in jeopardy, can I shoot and kill them? Would I be subject to jail/lawsuits/etc...? What if I am in my yard and they are coming at me? What if I am out in town, etc...

What is the law in Virginia? I can't seem to find a definitive answer anywhere online.

Thanks!

[adin55]

Virginia is a “stand-your-ground” state. That means AS LONG AS YOU ARE NOT PART OF “THE PROBLEM” and are innocent, you can stand your ground and use force to defend yourself wherever you may be. Deadly force is only allowed if you are under IMMEDIATE threat and you reasonably fear that you, or another innocent party, will be killed or be grievously injured. The death of an attacker caused by use of such deadly force is considered “justifiable homicide.” Note that you don’t actually have to be in a deadly situation, but only have a REASONABLE FEAR that you are in such a situation, to be justified in the use of deadly force.
For example, if someone tries to rob you with a toy gun and you don’t know it’s a toy gun, you would be justified in responding with deadly force since you would reasonably fear that your life was in immediate danger.
If you are part of “the problem,” say by making an obscene gesture or yelling a threat at someone, then, if attacked, you MUST RETREAT. The retreat must be as far as you can reasonably go and you must indicate that you give up the fight. Then, and only then, if the attacker persists, can you use force against them. If they are trying to kill you or grievously injure you, and they die because of your use of deadly force, it is considered “excusable homicide,” a lower standard than “justifiable homicide.” Moral to the story: don’t give up your right to stand-your-ground by being part of the problem – ever.
The reason that a person who is part of the problem is required to retreat is to avoid someone committing murder under the guise of self-defense. Otherwise, a murderer could intentionally badger a victim to the point that the victim attacks out of sheer anger or frustration. At that point the murderer, standing his ground, could use that attack as an excuse to kill the victim “in self-defense,” getting away with murder legally. Not good, not acceptable, and not legal.
Would common law or the “Castle Doctrine” bills GUARANTEE that a person legally defending themselves could NOT be charged with murder or sued civilly? NO. If the police and/or the Commonwealth Attorney have reason to believe, rightly or wrongly, that you committed a murder instead of true self-defense, you are going to be arrested and charged. Period. As far as a civil suit, you can be sued for anything and nothing can stop that either. However, common law (and the wording in the Castle Doctrine bills) provide a defense.


Read more at Ammoland.com: http://www.ammoland.com/2012/03/09/virginias-castle-doctrine-bills-are-dead/#ixzz224JmvtYn

http://www.ammoland.com/2012/03/09/virginias-castle-doctrine-bills-are-dead/#axzz224JShGmC