Charlottesville magistrate issues warrant for black victim of parking garage beating

[Lee-Lee]

25. I don't know what they are saying but

Defending yourself varies based on states.

There are two broad categories. "Duty to Retreat" and "Stand Your Ground".

In a "Duty to Retreat" state you first must look for any available means to retreat away from your attacker and attempt to retreat and can only defend yourself if retreat isn't possible. In a DTR state you can be charged for defending yourself if retreat was possible, and also sued in civil court by your attacker if you injure them. So if running away is possible and you don't but try to defend yourself in a DTR state you are in the wrong legally.

In "Stand Your Ground" states you can defend yourself without first trying to retreat, as the attacker is considered to be responsible for any harm that comes to them from a person defending themselves.

VA looks to be a SYG state, so that is out.

Now, it can be more complicated. For example if the attack on him was over and his attackers had ceased hostility and were walking away and he went after one of them, then it is no longer self defense. The attack on him had ended and then when he initiated force he became the attacker and the roles were reversed. If that happened then this charge could be legally viable. I've actually charged both parties in a fight with assault before because Party A hit Party B first, but then Party A ceased attacking and walked away and Party B followed them and hit them- in this case it was legally two seperate assaults.

I don't know where they are going. If tape exists of him assaulting somebody before the assault on him we all saw that changes the legal aspects a good deal.