Legal Question in Criminal Law in Virginia

What constitutes Self-Defense?

I am being harassed and bothered by my ex boyfriends new girlfriend. She has threatened to kill me and come out to Virginia Beach from Indianapolis, IN and ''Take care of me''. In the event that she actually shows up at my house and tries to physically harm me, under the law, do I have the right to protect myself at all costs? Her threats and harrassment are well documented. She has a history of mental instability. Please let me know if you have more questions about the situation. Thank you so much.


Asked on 10/21/06, 9:35 pm

2 Answers from Attorneys

Fred Kaufman Fredrick S. Kaufman, Esquire

Re: What constitutes Self-Defense?

I agree that if you are presented with deadly force you may use deadly force in self defense. However self defense only allows you to use the same amount of force as is being used against you.

If you have evidence that this person has threatened your life, you should take out a criminal arrest warrant for assault and obtain a protective order. Failure to take these steps to protect yourself may give you no right to use "any" means necessary.

Good luck.

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Answered on 10/22/06, 5:10 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: What constitutes Self-Defense?

If you're asking if this mentally unstable person were to show up at your residence in Virginia Beach and threaten you with deadly force, would you be able to legally counter that deadly force with your own lethal force in self defense.

The answer, of course, is yes, you would be and with legal impunity.

However, before you decide to cut loose a few rounds at this deranged person from Indiana with you 9mm Glock (or whatever), you had better be very very sure that at the time that you pull the trigger you are in fact being threatened with deadly force and have credible proof thereof.

Otherwise, you can expect to be charged with homicide.

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Answered on 10/22/06, 12:22 am


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