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Winchester, VA asked in Criminal Law and Personal Injury for Virginia

Q: Can hitting back be self-defense after being hit, Virginia?

In a public place, a woman physically hit me after an argument, and I captured the incident on video. I want to press charges but also wonder if hitting back could be considered self-defense in this scenario. Can you provide insights into the self-defense laws applicable in Virginia?

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2 Lawyer Answers

A: Possibly, yes. The specific rules of self-defense (e.g. duty to retreat) depend on whether you have any responsibility for bringing about the confrontation. As a general rule, though, your response must be proportionate to the action giving rise to your self-defense claim.

Another thing to keep in mind is that if you obtain a warrant it's not unlikely that she will go to the magistrate and also swear out a warrant against you. You'll need to weigh the pros and cons of dealing with that.

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Answered

A: In Virginia, self-defense is recognized when you reasonably believe you are in imminent danger of bodily harm and use only the force necessary to protect yourself. If someone hits you first, the law generally allows you to defend yourself, but your response must be proportionate to the threat. This means you can use reasonable force to stop the attack, but going beyond that could turn the situation against you.

The fact that you have video evidence of her striking you first is important. It strengthens your position if you decide to press charges or if the other person tries to accuse you of assault. Still, if you chose to hit back, the court would look closely at whether it was a defensive reaction or whether it escalated the conflict unnecessarily.

In practice, Virginia law expects you to stop using force once the threat has ended. If the woman hit you once and did not continue, hitting back later might not qualify as self-defense. On the other hand, if she continued to be aggressive, defending yourself at that moment would likely be considered lawful. Your best option now is to provide the video to law enforcement and pursue charges, while keeping in mind that any response you take in the future must be measured and only for protection.

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