SouthernBoy
Regular Member
imported post
Gentlemen and lady;
Enjoyed having lunch with your folks today. Keep the faith and keep OC'ing to send out the message that we're the good guys.
There was a brief discussion regarding whether or not Virginia was a "duty to retreat" state. My stance was that it is not. In fact, if you have a legal right to be where you are, you may stand your ground and not retreat to avoid having to use deadly force as a defense. The exception to this is if you are party to the instigation and escalation of the threat. Then you must retreat until you can no longer do so safely before you can use deadly force.
If you wear the vale of innocence and are the true victim of the threat, you may stand your ground regardless of where you are, as long as you are there legally.
Here is an excerpt from a case which deals with this. The case is DECARLOS D. COLEMAN.
"III. SELF-DEFENSE
Appellant next contends the trial court erred in refusing
to instruct the jury on self-defense. We disagree.
"Self-defense is an affirmative defense which the accused must
prove by introducing sufficient evidence to raise a reasonable
doubt about his guilt." Smith v. Commonwealth, 17 Va. App. 68,
71, 435 S.E.2d 414, 416 (1993) (citing McGhee v. Commonwealth,
219 Va. 560, 562, 248 S.E.2d 808, 810 (1978); Yarborough v.
Commonwealth, 217 Va. 971, 979, 234 S.E.2d 286, 292 (1977)).
"[A] person assaulted while in the discharge
of a lawful act, and reasonably apprehending
that his assailant will do him bodily harm,
has the right to repel the assault by all
the force he deems necessary, and is not
compelled to retreat from his assailant, but
may, in turn, become the assailant,
inflicting bodily wounds until his person is
out of danger."
Dodson v. Commonwealth, 159 Va. 976, 979, 167 S.E. 260, 260
(1933) (quoting Jackson's Case, 96 Va. 107, 30 S.E. 452 (1898))."
I would also like to add this from the president of VCDL.
"It's covered in common law and case law in VA. We are a stand your ground state (you can stand your ground anywhere where you can legally be). Only if you are part of the problem must you retreat."
Gentlemen and lady;
Enjoyed having lunch with your folks today. Keep the faith and keep OC'ing to send out the message that we're the good guys.
There was a brief discussion regarding whether or not Virginia was a "duty to retreat" state. My stance was that it is not. In fact, if you have a legal right to be where you are, you may stand your ground and not retreat to avoid having to use deadly force as a defense. The exception to this is if you are party to the instigation and escalation of the threat. Then you must retreat until you can no longer do so safely before you can use deadly force.
If you wear the vale of innocence and are the true victim of the threat, you may stand your ground regardless of where you are, as long as you are there legally.
Here is an excerpt from a case which deals with this. The case is DECARLOS D. COLEMAN.
"III. SELF-DEFENSE
Appellant next contends the trial court erred in refusing
to instruct the jury on self-defense. We disagree.
"Self-defense is an affirmative defense which the accused must
prove by introducing sufficient evidence to raise a reasonable
doubt about his guilt." Smith v. Commonwealth, 17 Va. App. 68,
71, 435 S.E.2d 414, 416 (1993) (citing McGhee v. Commonwealth,
219 Va. 560, 562, 248 S.E.2d 808, 810 (1978); Yarborough v.
Commonwealth, 217 Va. 971, 979, 234 S.E.2d 286, 292 (1977)).
"[A] person assaulted while in the discharge
of a lawful act, and reasonably apprehending
that his assailant will do him bodily harm,
has the right to repel the assault by all
the force he deems necessary, and is not
compelled to retreat from his assailant, but
may, in turn, become the assailant,
inflicting bodily wounds until his person is
out of danger."
Dodson v. Commonwealth, 159 Va. 976, 979, 167 S.E. 260, 260
(1933) (quoting Jackson's Case, 96 Va. 107, 30 S.E. 452 (1898))."
I would also like to add this from the president of VCDL.
"It's covered in common law and case law in VA. We are a stand your ground state (you can stand your ground anywhere where you can legally be). Only if you are part of the problem must you retreat."
