Self-Defense Laws in West Virginia

Stand your ground. A person not engaged in unlawful activity who is attacked in any place he or she has a legal right to be outside of his or her home or residence may use reasonable and proportionate force against an intruder or attacker; deadly force may be used without a duty to retreat only if the person reasonably believes that he or she or another is in imminent danger of death or serious bodily harm from which he or she or another can only be saved by the use of deadly force against the intruder or attacker. The section does not authorize resisting or obstructing a law enforcement officer acting in the performance of duties.

A lawful occupant within a home or other place of residence is justified in using reasonable and proportionate force, including deadly force, against an intruder or attacker to prevent a forcible entry into the home or residence or to terminate the intruder's or attacker's unlawful entry, if the occupant reasonably apprehends that the intruder or attacker may kill or inflict serious bodily harm upon the occupant or others in the home, or reasonably believes the intruder intends to commit a felony in the home and deadly force is necessary. The lawful occupant has no duty to retreat. Justified use of force is a full and complete defense to any civil action brought by the intruder or attacker, except against a person who was attempting, committing or escaping from a felony, who initially provoked the use of force intending to use it as an excuse to injure the assailant, or who otherwise provoked force and did not withdraw and clearly indicate a desire to end the confrontation. The section does not cover setting hazardous conditions (booby traps) on property.