When Can You Claim Self-Defense for an Assault in Virginia?

 Posted on November 18, 2025 in Criminal Defense

Self-defense is among the strongest possible defenses against an assault charge in Virginia. However, whether or not it is a viable defense depends on the details of your case. The laws are strict, and courts look closely at every detail. An Arlington County, VA assault defense lawyer can help you understand your options.

How Does Virginia Law Define Self-Defense?

Virginia law gives you the right to defend yourself, but only under certain conditions. You must show that you believed you were in immediate danger of being harmed and that the force you used was reasonable under the circumstances. For example, under Virginia Code § 18.2-56.1, a person who handles a firearm in what might otherwise be considered a reckless way is not guilty of a crime if the act occurred while they were lawfully defending themselves or someone else.

There are two main types of self-defense in Virginia. The first is "justifiable" self-defense. This applies when you did not start or provoke the incident. The second is "excusable" self-defense. This applies when you may have played a small role in starting the conflict but tried to back away or withdraw before the other person continued the fight. In both cases, you must not have used more force than needed to escape the danger.

How Do You Prove You Were Acting in Self-Defense?

Your defense strategy should show that any force you used was a direct response to a real and immediate threat. Courts review the situation from your viewpoint and from the viewpoint of a reasonable person in the same situation. Evidence that may support your claim includes:

• Text messages, social media messages, or threats made before the incident

• Photos or videos showing how the fight began

• Injuries that show defensive wounds

• Calls, texts, or reports made to police before or after the incident

• Testimony from neighbors, bystanders, or anyone who heard or saw the events

You should also be able to explain why you believed you were in danger. If the other person had a weapon, made threats, or had a history of violence, that information may support your claim.

How Do You Prove Self-Defense If No One Saw the Fight?

Many assault cases happen in private settings. If no one witnessed the incident, you must rely on physical evidence and the details you provide. Courts look for signs that support your version of events. This may include the location of injuries, damage to the area where the fight happened, or signs that you tried to avoid confrontation.

You should also explain any actions you took before or after the incident. For example, if you called the police right away or tried to get medical help, that behavior may suggest that you were not trying to hide anything.

Your attorney may also look for other information that supports your account. This may include past threats, messages, or a history of violence from the other person. Even without witnesses, a strong defense is possible when the physical evidence fits your description of what happened.

Contact a Fairfax County, VA Assault Defense Attorney Today

Working with an experienced Arlington County, VA assault defense lawyer is the first step in building a strong defense strategy. With more than sixteen years of experience, our practice is built on a client-focused, results-driven approach. We have earned a reputation for going above and beyond, and many clients say we "make the impossible possible" when the situation feels overwhelming. We also understand that legal emergencies do not follow business hours, which is why our team is available 24/7 to answer questions and provide support. Call Noorishad Law, P.C. today at 703-542-4500 to schedule a consultation and discuss your case.