QUESTION
To what extent can you defend yourself, while in a car, from a threatening person approaching your vehicle?
Asked on Oct 18th, 2013 on Criminal Law - Virginia
More details to this question:
Two men were in a car in front of me and sat through an entire light cycle at an intersection. I honked, they flipped me off, I flipped them off and drove passed them. I stopped at the next light and they were close by. One of the men (passenger) got out of the car and approached my vehicle threateningly. He walked clear across two lanes of stopped cars, stood about 10 feet from my car and said "you got a problem?" (he wasn't visibly armed). Not knowing what he was going to do, would I have been within my right to defend myself and my property to brandish a gun or use mace/a stun gun on him? If I wouldn't be allowed to do anything at that point, at what point would I be allowed to use force of some kind? Five feet away? At my window? Throwing things at my car? Keying or knifing my car? Slashing tires? Attempting to break a window or enter the vehicle?
1 ANSWER
3 Awards
in some states you have a duty to retreat before you kill someone. Drive away. In some states you have no duty to retreat if the threat is on your property. if you plan on shooting stupid people who are beligerent, or rude, or cut you off in traffic, or whatever reasonm, you should review VA law with a local attroney and have him on retainer for when you are arrested. Also, have a family member or friend on deck to pay your bond, if there is one.
Answered on Oct 18th, 2013 at 11:44 AM
William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900