Fairfax, Virginia Criminal Defense Attorney Case Result: Client was initially found guilty of Assault with a firearm in the Fairfax County General District Court and sentenced to 5 days in jail. On appeal to Circuit Court, the case was Dismissed after Defense filed 3 motions to dismiss. Client walked out a free man. Read more […]
POLICE OFFICER TRUSTED LAW FIRM MEDVIN LAW PLC is one of the very few law firms trusted by Virginia police officers for the defense of serious internal investigations, criminal investigations, and personal traffic and family/domestic accusations. Attorney Marina Medvin has represented police officers, their friends, and their family members from many of the local VA/DC […]
Virginia Law of Self Defense
Virginia law protects the use of reasonable and proportional force to defend life, limb, and property. This right extends to individuals and to those they seek to protect (third parties). Virginia recognizes justifiable and excusable self-defense.
Self-defense, however, is not summarized in a statue or through a simple equation. Instead, self-defense is defined broadly by Virginia courts as the amount of force used to defend oneself that is not excessive and is reasonable in relation to the perceived threat. This means that judgment as to whether the use of force was reasonable will be determined on a case-by-case basis, ex-post-facto.
Virginia police and prosecutors will decide whether to charge someone who used force in self-defense. They will evaluate each case based on physical evidence, eyewitness observations, and statements made by the person claiming self-defense. Unfortunately, firearm owners in Virginia frequently find themselves charged with brandishing, manslaughter or even murder when law enforcement officers and prosecutors do not believe self-defense was a valid claim.
As such, self-defense is most commonly used by a criminal defense attorney as an affirmative defense to a criminal charge. Self-defense is used as a defense in the following types of Virginia cases: Murder, Manslaughter, Assault and Battery, Brandishing a Firearm, Disorderly Conduct, Reckless Handling of a Firearm, and Resisting Arrest.
Virginia Law: SELF-DEFENSE Life is the most basic right of them all. Human beings have an inherent right to protect their life. Virginia law protects your right to use reasonable force in self defense and in the defense of another person’s life. In many instances, Virginia police and prosecutors will not charge someone using self […]
FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Client was acquitted at trial and found NOT GUILTY of Brandishing a Firearm, the defense prevailing on theory of self defense. Va Law § 18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty. A. It shall be unlawful for any […]
ALEXANDRIA VIRGINIA ATTORNEY CASE RESULT: NOT GUILTY verdict in trial for a Class 1 Misdemeanor Assault and Battery charge, VA Code 18.2-57. Client was charged for pushing and punching alleged victim. Defense invoked Self Defense and Defense of Property defenses successfully. City of Alexandria General District Court, 520 King Street, Alexandria, Virginia. Read more about […]
FAIRFAX VIRGINIA CRIMINAL DEFENSE ATTORNEY TRIAL RESULT: NOT GUILTY verdict in trial of a Class 1 Misdemeanor Assault and Battery Charge under VA Code 18.2-57 – defense of Self Defense and Defense of Others. Fairfax County General District Court, 4110 Chain Bridge Road, Fairfax, Virginia. Read more about Assault and Battery Law here: Virginia Assault […]
VIRGINIA CRIMINAL DEFENSE ATTORNEY CASE RESULT: Felony Malicious Wounding charge (VA Code 18.2-51) was reduced to a Misdemeanor Assault and Battery charge (VA Code 18.2-57) with NO PENALTIES. Read more about Assault and Battery Law here: Virginia Assault and Battery Laws and Penalties – Defense Attorney’s Explanation of Misdemeanor Charges Under VA Code 18.2-57
Article appearing in TheTruthAboutGuns.com on 11/16/11 Ask Foghorn Asks Marina Medvin: Self Defense and the Defense of Others? Posted on November 16, 2011 by Nick Leghorn KYgunner writes: I’ve done a lot of research into self defense situations and making sure that, God forbid, if I ever end up in a situation where SHTF, I […]
City of Alexandria, Virginia: Felony Malicious Wounding (VA Code 18.2-51) due to a deep bite during a fight was REDUCED to a Misdemeanor Assault & Battery charge (VA Code 18.2-57). This was a third assault offense on the client’s record, yet client walked away with only two active weeks of jail time to be served […]
Arlington County, Virginia: Misdemeanor Assault and Battery Charge (VA Code 18.2-57) was DROPPED. Read more about Assault and Battery Law here: Virginia Assault and Battery Laws and Penalties – Defense Attorney’s Explanation of Misdemeanor Charges Under VA Code 18.2-57
Fairfax, Virginia: Misdemeanor Assault and Battery Charge (VA Code 18.2-57) DROPPED for insufficient evidence. Read more about Assault and Battery Law here: Virginia Assault and Battery Laws and Penalties – Defense Attorney’s Explanation of Misdemeanor Charges Under VA Code 18.2-57
Fairfax, Virginia | Criminal defense attorney case result: Fairfax County Circuit Court trial for an Assault and Battery charge under VA Code 18.2-57, for an alleged assault on a girlfriend, resulted in a Not Guilty verdict. Learn more about Virginia Assault and Battery laws here: Virginia Assault and Battery Laws and Penalties – Defense Attorney’s […]