Quote:
Originally Posted by booker
For those of you living in the Commonwealth of Virginia the law is clear, you must meet the following five criteria in order to be within the law:
"THE COURT INSTRUCTS THE JURY THAT if the evidence showed the defendant was to some degree at fault in provoking or bringing on the difficulty, and if you further find that when attacked:
1. He retreated as far as he safely could under the circumstances;
2. In a good faith attempt to abandon the fight;
3. Made known his desire for peace by word or act;
4. He reasonably feared, under the circumstances as they appeared to him, that he was in danger of bodily harm; and
5. He used no more force that was reasonably necessary to protect himself from the threatened harm, then you shall find the defendant not guilty. "
The defense of property isn't as well thought out as Mississippi's:
"DEFENSE OF PROPERTY
A person has NO RIGHT TO USE DEADLY FORCE solely to defend his personal property. This applies where you are only defending your property and NOT defending yourself or your family. (example, you CANNOT shoot someone in the back while they are running across your yard away from you with your TV) A person has NO RIGHT TO THREATEN THE USE OF DEADLY FORCE solely to defend his property. (This is a recent change in Virginia law). (Example, it is a crime to brandish a firearm to run someone off who is breaking into your unoccupied car in a parking lot [but, how many people do you think will go to the magistrate to swear out the following warrant: “look, I was trying to break into this dude’s car when he ran up and scared me by pointing a gun at me and telling me he was going to shoot me.”]) A person has NO RIGHT TO USE OR THREATEN THE USE OF DEADLY FORCE solely to run off a mere trespasser on their open land (beyond the curtilage surrounding the home). The policy behind these laws on defending property and land holds that human life is far more important than your TV or your car or the grass that gets trampled. But remember that most home burglary situations involve defending not only your property but yourself, your spouse, and your children who are in the home. Also, there is case law in Virginia for the "castle doctrine." This doctrine holds that one may use deadly force to defend his home to keep aggressors out of the home. "
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LOLOLOL, what a joke, five things before you can use deadly force.....
Amazing, actually not amazing at all....sad or disgusting is a better word.
It will get to a point when (unless there are children involved) I would walk on by thinking to myself, "Ain't my fight" and continue on. You folks in these left-wing socialist states are on your own as far as I'm concerned.
Team Sergeant
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