Disagreements can turn physical in a matter of moments. One person says the wrong thing or behaves in an intimidating way, and the other responds with physical aggression. Police officers in Virginia may decide to arrest an individual involved in a fistfight or similar scenario.
In some cases, state prosecutors might bring assault and battery charges against one or more of the people involved in a physical altercation. Allegations of assault and battery imply that the person accused engaged in aggressive physical contact with the intent of causing harm to the other person.
If the defendant pleads guilty, they might be at risk of jail time and other criminal penalties. They may also have to deal with the consequences of a violent criminal record. Sometimes, actions that look like a violent crime to others are actually self-defense.
What separates a potentially criminal interactions from self-defense in Virginia?
A reasonable person’s opinion
The main factor that separates a violent criminal incident from a self-defense scenario is how reasonable the use of force is. Technically, the law in Virginia does not define self-defense. Such claims depend largely on common law and prior legal precedents.
Individuals in Virginia have the right to defend themselves against what they perceive to be an imminent threat to their physical safety. They can also use physical force to protect themselves from a home invasion scenario or to intervene for the protection of a third party during criminal activity.
Whether or not the person accused of a violent crime can claim self-defense depends on how other people perceive the situation. If a reasonable person might agree that the situation was threatening and the use of force was necessary, then the defendants can potentially respond to the charges they face by asserting that they acted in self-defense. Whether the defendant instigated the situation is also a key consideration.
A criminal defense attorney can help reframe a situation and establish that the person accused was not the aggressor and did not intend to break the law. A compelling narrative exploring why someone felt threatened can potentially convince a judge or members of a jury that the defendant acted in self-defense.
A self-defense claim is one of a variety of potential defense strategies that can potentially work for those accused of a violent crime in Virginia. Responding appropriately to assault and battery charges can help people avoid criminal penalties and a lasting criminal record, in many cases.