Legal Question in Criminal Law in Virginia

Basketball Assault

In light of the NBA fight this weekend. When some one intentionally throws something at you or hit you at work, can you hit them back. If you do hit them back does your employer have the right to terminate you.


Asked on 11/22/04, 8:08 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Basketball Assault

The law permits you to respond with proportionate force in order to defend yourself from attack.

This proportionate responding must ordinaily occur

while the attack is in progress and not after it has ceased.

If as in your example you struck someone after his attack had ceased this would not be an allowable self defense response under most applicable laws.

As to your last question, in Virginia an employer

can discharge an employee for almost any reason the employer chooses as long as the reason doesn't violate federal antidiscrimination laws

or a very narrow state public policy exception(Bowman).

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Answered on 11/25/04, 10:31 am


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