This page deals with the above topic and the related topic of intentional torts. For more information on self defense issues see the page on Wikipedia.
Assault Self Defense- Cases
2004 McMinn v. Rounds, 267 Va. 277, 591 S.E.2d 694.
In this civil action for assault and battery in which defendant pleaded assault self defense, trial court erred in admitting evidence of a prior act of assaultive behavior on the part of the plaintiff. This prior assaultive behavior had occurred three and one-half years before this incident. In cases of who is the aggressor, evidence or recent acts of violence towards third persons ought to be received if connected in time, place, and circumstance with the incident in question. A single act is insufficient.
1972 Parker v. McCoy, 212 Va. 808, 188 S.E.2d 222.
Withdrawal instruction must state that withdrawal was in good faith, that desire to terminate fight was disclosed to other party.
1955 Harper v. Commonwealth, 196 Va. 723, 85 S.E.2d 240.
Criminal case. In order to justify striking another person with deadly weapon more than threatening attitude must be shown.
1951 Banks v. Bradley, 192 Va. 598, 66 S.E.2d 526.
Law of assault self defense is law of necessity and necessity relied on must not arise out of person’s own misconduct. Discussion of resistance to illegal arrest.
