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#1002073 - 02/05/16 06:44 AM Deadly Force and the Protection of Personal Property
Oscar Offline
Double barrel

Registered: 10/18/12
Posts: 84
Loc: Richmond
City or County: Chesterfield
RPD officer indicted for murder in connection to off-duty shooting of teen

This indictment has me scratching my head. I'm really confused as to why this guy is being indicted.

I've started doing some research to look into this. While I have no legal background whatsoever, my only references at this moment are "THEY" and "The Internet".

As best I can tell (at the moment) is that Virginia does not allow for the use of deadly force to defend against the theft of personal property in the absence of threat. It appears that if the bad guy has broken into your house and is walking out with your big-screen tv, you cannot shoot him.

Apparently, if someone demands your wallet without presenting a weapon, you cannot defend yourself with lethal force.

Can anyone with any legal background or LEO elaborate? Or point me to case law, code or statue?

At this point, I'm looking for a gun law class.

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#1004538 - 02/10/16 11:09 PM Re: Deadly Force and the Protection of Personal Property [Re: Oscar]
toughtom12 Offline
Gun fool

Registered: 11/15/11
Posts: 942
Loc: Centreville/Manassas
City or County: Manassas
You must have a reasonable fear that the suspect is an immediate threat to your bodily safety, or that of an innocent person. If someone is breaking into your house and they come towards you after you order them to STOP! A reasonable person would be able to articulate the need for deadly force. If they steal items from your house and you shoot them to prevent a theft, you are in big trouble. In Virginia you would likely face Murder Charges, Manslaughter if you were lucky. Texas is the only State that allows you to use deadly force to prevent a thief from stealing private property. You would be able to shoot someone who demanded your wallet, as long as your doing so would be considered reasonable under the circumstances. If the suspect has their hand inside their jacket pocket in an attempt to make you think they have a gun, your use of deadly force would most likely be considered reasonable. If the suspect is shirtless and wearing a bathing suit when he demands your wallet, you would have a much tougher time justifying the need for deadly force. The laws concerning Deadly Force always come down to " Would a reasonable person under similar circumstances, knowing what you knew at the time, have felt that deadly force was necessary to prevent serious bodily harm to themselves or another innocent person?" In any case make sure that you keep your mouth shut if you ever have to use deadly force. Tell the police that "I had no choice, it was self defense, and I would like to speak with an attorney before answering any questions".


Edited by toughtom12 (02/11/16 01:27 AM)

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#1008708 - 02/20/16 10:16 PM Re: Deadly Force and the Protection of Personal Property [Re: Oscar]
Oscar Offline
Double barrel

Registered: 10/18/12
Posts: 84
Loc: Richmond
City or County: Chesterfield
Thanks. That does clear things up quite a bit.

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