FL vs. VA - Comparing Self-Defense Laws

[allingeneral]

IN YOUR HOME
In Florida, if someone invades your home, the state recognizes a “presumed fear.” Virginia, unlike Florida, does not recognize this “presumed fear.” That means that just because someone has entered your home, there is no automatic presumption of an immediate fear of death or bodily harm.

“This may not be a huge distinction, but it is significant,” said Rawls. “In Virginia, the use of deadly force in self-defense is permitted when a person has reasonable fears, under the circumstances, the he or she was in imminent danger of death or great bodily harm, and the person must not use greater force than reasonably appears necessary under the circumstances.”

IN PUBLIC
If you are in a public place in which you are legally allowed (e.g. public parks, sidewalks, restaurants, etc.), the situations in which you can use deadly force in Florida and Virginia are very similar. There is an important difference, though.

In both Florida and Virginia you may use lethal force to defend yourself from a reasonable fear death or great bodily harm. In Florida, though not in Virginia, you are allowed to use lethal force to “repel forcible felonies” (e.g. rape, arson, robbery).

IN YOUR CAR
Your automobile is considered your property and is treated similarly to the Castle Doctrine with the force you are legally allowed to use to defend yourself. This is true in both Florida and Virginia.

The two states differ, however, in the allowable force which can be used to defend yourself against a carjacking.

In Florida, you can use lethal force if someone tries to steal your car. This is true whether the carjacker is armed or not. Like with the Castle Doctrine, you have no duty to retreat. Also, remember that Florida permits the use of deadly force to repel forcible felonies. That means that Florida law permits you to shoot at a carjacker even after the car has been stolen and the carjacker is driving away.

Read More: http://rvanews.com/news/florida-vs-virg ... laws/58745

[WRW]

A couple quick points. One is that shooting at a retreating car is what got the Culpepper officer in trouble. I wouldn't change that judgement if I could.
The other is to question whether rape might not be considered "great bodily harm" especially with the STDs available in current numbers or, I dunno, just the act in and of itself.

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[WRW]

After refreshing my memory a little, I would be damned if I would let the lawyers dispensing this advice defend me in small claims court.

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[Chasbo00]

Anyone else notice that this article is over a year old? It does raise some valid questions about VA law and the use of deadly force though.

[tinner666]

Well, we have 'case law'. That's the law that let a student chase a perp down Cary and shoot him to death after he broke into the guy's girlfriend's car.
It's the law that let a county man go free after the defense "He needed shooting.'
I couldn't count the number of scanner calls in Richmond of a B&E attempt the the bad guy or guys were shot before ever getting in, no charges filed. PD would go to MCV to arrest any survivors.
In a recent incident I know of, a ma was spotted breaking into a car. Owner shot him and PD took the perp to the hospital.

[dorminWS]

Well, we have 'case law'. That's the law that let a student chase a perp down Cary and shoot him to death after he broke into the guy's girlfriend's car.
It's the law that let a county man go free after the defense "He needed shooting.'
I couldn't count the number of scanner calls in Richmond of a B&E attempt the the bad guy or guys were shot before ever getting in, no charges filed. PD would go to MCV to arrest any survivors.
In a recent incident I know of, a ma was spotted breaking into a car. Owner shot him and PD took the perp to the hospital.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

Those incidents sound to me like the cop(s) may have been meting out justice by crafting the write-up so there were no charges. No way does the case or statutory law allow the use of deadly force to protect property.

[tursiops]

After refreshing my memory a little, I would be damned if I would let the lawyers dispensing this advice defend me in small claims court.

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Don't know if it is the lawyers, or the reporting of what they said, but I agree I would not want them defending me.