imported post
crossfireltd wrote:
ama-gi wrote:
Bulldog1967 wrote:
thorsmitersaw wrote:
You cnt defend your property. Is this true? I thought Virginia was a state where that was allowed?
Defense of property using lethal force is NOT authorized in VA.
In Texas AFTER DARK, but not VA.......yet....:banghead:
Well, if it's dark and there's an invader in your house, you can make a very rational case that you had a reasonable fear of death or serious injury.
From what I understand you cannot use a firearm or deadly force to protect "property". If you are in your home and an armed invader enters and you have no where to run and your back is "against the wall" then you may use a firearm or deadly force to protect yourself and your family. If an invader enters your property or breaks into your vehicle, it is wise to just call the police. Taking a shot at them or firing a warning shot can land you in a bit of trouble, at least here in Henrico County.
First, it's never wise to call the police, imvho. Besides, expecting the police to get there in time to help you if there's an intruder in your house is an insane expectation.
Second,your back does not have to be "against the wall." There's no duty to retreat in your home in VA. If you reasonably believe that the intruder will cause death or serious injury to you or the members of your family, you can use deadly force with or without your back against the wall. You can stand your ground. What I was saying was that if there is an intruder in your home, it is dark in the middle of the night and you can't see well, I think you can reasonably believe that your life is in danger and defend yourself. Courts generally give the benefit of the doubt when a person is in their home. Your home is your castle...your rights are greatest inside your home (which is why
all rights spring from property rights).
This linkalso says you may use deadly force to prevent/stop an arson or burglary of your home, but ONLY if that level of defense was absolutely necessary to stop the activity. With those two things in mind, I would say that not only do you have a reasonable fear of harm to life and limb when there's an intruder at night in the dark, but if you demand that he leave and he doesn't do so, you are also defending your home, which is protected in VA. I have no caselaw or expertise to back any of this up...I'll look for some sometime.
In the daylight, I think the calculus is
MUCHdifferent. You can see whether or not he's armed so you have more options. If he appears unarmed, you don't have a fear of harm to life and limb and you can probably get him out of your house with less-than-lethal means. In the daylight, if he was unarmed, I wouldn't shoot. In the nighttime, I'd assume he was armed and shoot if he disobeyed commands to leave.
And if you have any brains, don't talk to anyone about the incident (especially the police) until you've retained a lawyer. Talking to the police can only hurt you. Boston T. Party recommends you say, "I was forced to use my gun in self-defense against an armed intruder. Please send police." After that, shut up. You never know what law you may or may not have broken and you can't be sure what case law may have come down last week that could damage your case. Leave it to a lawyer.
BG breaks into house/garage dog attacks BG:what:, dogpossibly getsinjured :X,HO/GG shoots BG:lol:.
