Article
New member portal
Over the last year or so the media has been up in arms about two cases where someone claimed self-defense after they shot a thief. In each case, the citizen was able to convince the prosecutor that he has in fear for his life when he shot because the suspect lunged, possibly towards a weapon. Those two cases were both in the Tidewater area. One case involved a store owner standing outside his business trying to stop a burglar inside the business and the other a retired police officer stopping the theft of a dog kennel from his yard.
Remember that under Virginia law you are NOT allowed to use **deadly** force to protect **property.** However, if you are trying to stop the theft without the use of deadly force and you suddenly find yourself in a position where you could be grievously hurt or killed, then can you can respond with deadly force.
It is generally a **very bad** idea to shoot at a fleeing criminal.
The Richmond Commonwealth Attorney takes a much harder line on self-defense and prosecuted a man, Eric Driver, last year for shooting a thief who had broken into his girlfriend's car. Driver, too, claimed that the thief lunged, but to no avail. Driver's charges were downgraded to voluntary manslaughter at trial and he did not serve any time - both of which shocked the prosecutor.
Here is the Richmond Commonwealth Attorney's reaction to the retired police officer not being charged in Suffolk:
The story about the store owner shooting a burglar in Suffolk:
Eric Driver incident in Richmond (video gone, but story is still available):