Self-Defense Laws in Virginia

No statute; the rule comes from case law. Virginia recognizes two forms of self-defense. Justifiable self-defense: a person without any fault in provoking or bringing on the difficulty who kills under reasonable apprehension of death or great bodily harm need not retreat, but is permitted to stand his ground and repel the attack by force, including deadly force, if it is necessary. Excusable self-defense: a person who was in some fault in provoking or bringing on the difficulty must, when attacked, retreat as far as possible and announce a desire for peace before killing in self-defense.

Common-law castle doctrine (no statute). It has two principles: (1) persons within the home or its curtilage have no duty to retreat and may exercise all needful force, including deadly force, to keep aggressors out, but deadly force is permissible only if the intruder is trespassing and it is necessary to prevent a felonious destruction of property or the commission of a felony in the home; the doctrine does not apply to someone peaceably present under an implied license; (2) a person attacked in his own home or its curtilage, if free from fault, has no duty to retreat and may use reasonable force, including deadly force, to eject or subdue the attacker. For a mere trespass upon land, the owner has no right to assault the trespasser with a deadly weapon.