## Self-defense law in West Virginia (W. Va. Code § 55-7-22) Every state recognizes a right to defend yourself, your family, and (within limits) your property. But states differ sharply on **whether you have a duty to retreat** before using force — and whether civil and criminal immunity attaches when you act in self-defense. ### West Virginia's posture **Stand Your Ground.** No duty to retreat — even outside your home. If you're somewhere you have a legal right to be and you're not the aggressor, you can stand your ground and use force (including deadly force) to defend yourself or others. Many SYG states also include immunity from civil suit by the person who attacked you. ## What every self-defense claim requires Whether your state is SYG, Castle-only, or duty-to-retreat, four basic elements must be met: 1. **You were not the aggressor** — you didn't start the fight or escalate it 2. **The threat was imminent** — about to happen, not theoretical 3. **You reasonably believed force was necessary** — both subjectively (you believed it) and objectively (a reasonable person would too) 4. **Your response was proportional** — non-deadly threats justify non-deadly force; deadly force generally requires a threat of death or serious bodily harm ## Castle Doctrine Every state recognizes some version of the **Castle Doctrine** — the rule that you have no duty to retreat in your own home. Most states extend it to vehicles and (in some) the workplace. Many states create a **presumption of reasonableness** when force is used against an intruder — meaning the burden shifts to the prosecution. ## Defense of others, defense of property - **Defense of others.** You can use force to protect another person, with the same proportionality limits. In most states you 'step into the shoes' of the person you're defending — if they would have been justified, you are too. - **Defense of property.** Non-deadly force is generally available to protect property. Deadly force in pure property defense (no threat to person) is generally NOT permitted — with exceptions for certain felonies in some states (Texas's nighttime property-defense rule under Penal Code § 9.42 is among the broadest). ## Civil immunity Several SYG states (FL, KY, GA, OK, others) extend statutory immunity from civil suit by the attacker (or attacker's family) when self-defense was justified. Even in states without statutory immunity, a successful self-defense claim usually defeats civil liability via the underlying privilege. ## What can ruin a self-defense claim - **You started it.** Initial aggressors generally cannot claim self-defense unless they unequivocally withdrew and communicated that withdrawal to the other party. - **Excessive force.** Beating someone after they were down, shooting someone in the back, continuing force after the threat ended. - **Mutual combat.** Bar fights, road-rage altercations — courts often reject SYG claims when both sides agreed to the encounter. - **Unlawful possession.** Possessing the firearm illegally generally doesn't defeat the underlying self-defense claim, but it adds collateral charges. - **Engaging in unlawful activity.** Most SYG statutes condition the privilege on the defender being somewhere they had a legal right to be, doing something lawful. - **Statements to police.** Things you say in the immediate aftermath frequently become the prosecution's strongest evidence — the urge to explain is a trap. ## What to do if you've used force in self-defense 1. Once safe, call 911 — you want to be the first person to report 2. Render aid if it's safe to do so 3. Identify yourself and say you were attacked 4. INVOKE YOUR RIGHT TO REMAIN SILENT and ask for an attorney before any further questioning 5. Don't pose for photos, give interviews, or post on social media 6. Cooperate physically (allow yourself to be handcuffed, follow officer instructions) but DO NOT make statements about the encounter without counsel ## Pretrial immunity hearings Many SYG states (FL, GA, KY, KS, OK, others) provide a separate pretrial immunity hearing where the defendant can ask the judge to dismiss the case based on self-defense BEFORE going to trial. West Virginia likely has some version of this — your defense attorney will know if and how to use it. ## What you should do Self-defense cases are some of the most fact-sensitive criminal cases — small details (who said what, who moved where, who was armed, who knew what) drive entirely different outcomes. Don't try to handle one without an experienced criminal-defense attorney. Most West Virginia criminal-defense attorneys offer free or low-cost initial consultations. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. Self-defense law is fact-intensive and several states have amended their statutes recently (Ohio 2021, Arkansas 2021, North Dakota 2021, South Dakota 2021). Talk to a licensed West Virginia criminal-defense attorney about your specific case.*