Let’s say someone tries to break into your home late at night. You hear glass shatter, footsteps inside. You grab a weapon, scared, and confront them. In the chaos, they’re killed. You call the police. Now you’re being questioned for homicide.
In Virginia, situations like this fall under self-defense—but only if certain things line up.
It Has to Be Immediate
First, the law looks for something called an imminent threat. That means you believed, reasonably, that you were in real danger—right then and there. Not just a bad feeling, but an actual, serious threat. Something that couldn’t be avoided.
If someone was walking away or didn’t have a weapon, your claim might not stand.
Use of Force Must Be Proportional
Virginia also cares about how much force you used. If the other person didn’t have a deadly weapon, and you did? That’s where proportionality comes in. You can’t respond with deadly force unless the threat was deadly, too.
Home is Different – Thanks to Castle Doctrine
Inside your own home, the rules shift a bit. Virginia’s “castle doctrine” means you don’t have to retreat. If someone forces their way into your home and you’re defending yourself or others, the law gives you more room to act.
Self-Defense Isn’t Guaranteed Escape
Claiming self-defense in a homicide case doesn’t mean you’re off the hook. The court looks at every detail—your actions, the threat, and how you responded. If it lines up with Virginia’s rules, it could be justified. But it must be clear.
Need help with a self-defense case? Get in touch with our experts at Miles Franklin Law and let them handle all the legal hassle while you focus on other things.