I hope this will clear up some of the confusion about West Virginia`s self-defense laws, the practical application of what they mean, and how the “castle doctrine” and “hold on” actually work. This case shows a real scenario. It shows how the media and law enforcement can change the narrative very quickly. Most importantly, it shows the actual indictment to the jurors who decided the man`s fate. I received a copy of the jury`s indictment, including instructions from the jury, the county clerk`s office and uploaded it to this website. They are linked at the bottom of the page. I also offer a full narrative that shows some of the media reports and how they moved very quickly and turned against the owner. It also shows how law enforcement used the media against the owner and poisoned the potential pool of jurors. Case studies are an important aspect of learning and evaluating the law. Since this is a state that supports the Second Amendment, most West Virginians have heard of the “castle doctrine” or gun self-defense law in West Virginia.
In the 1980s, a handful of state laws (dubbed “Make my day”) dealt with immunity from prosecution by using lethal force against another person who illegally and violently invaded a person`s residence. In 2005, Florida passed a law related to the castle doctrine that extended this premise with the language “stand your ground” regarding self-defense and the duty of withdrawal. Florida law states: “A person who is not involved in any illegal activity and who is attacked elsewhere where he is entitled to it has no obligation to retreat and has the right to assert himself and take force by force, including lethal force, if he reasonably considers it necessary, to prevent death or serious bodily harm to oneself, or to prevent oneself or herself from incarceration, or to prevent the commission of a violent crime. If you really want to know more about the right of self-defense in West Virginia, read the current law given to the LeMaster jury by the presiding judge. West Virginia has enacted a status quo law that removes the requirement to retreat before using lethal force to defend oneself when a person is in a place where he or she has a legal right.2 However, nothing in section 55-7-22 permits the creation of a dangerous condition on or in real or personal property to prevent criminal behavior or inflict injury on a person. who engages in criminal activity (e.g., spring-loaded shotguns). Section 55-7-22 does not authorize or justify a person to oppose or hinder a law enforcement officer in the performance of his or her duties. Code W. Va. ยง 55-7-22(g). Defending your basic laws upset centuries of legal tradition and allow a person to use lethal force to defend themselves in public, even though that force can certainly be avoided by withdrawing or when non-lethal force would suffice.
The source of this is the fact that West Virginia is a “state of your ground state” and does not require a person to step down before using lethal force: Self-defense laws in the United States generally justify the use of lethal force by a person in public in situations where lethal force was necessary to prevent imminent death or serious physical harm to themselves or another person. Traditionally, these laws have made it clear that it is not necessary and therefore not justified to take human lives if the person could have avoided the use of lethal force by withdrawing or simply moving away from a confrontation. However, a person is not required to withdraw from a conflict before using violence at home (known as the Castle Doctrine).1 In addition, some states (including Arizona, Arkansas, California, Florida, Kansas, Kentucky, Louisiana, Mississippi, North Carolina, North Dakota, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Wisconsin and Wyoming) replaced the common law standard for “reasonable persons”. which placed a burden on the defendant to demonstrate that its defensive measures were adequate, with a “presumption of relevance” or a “presumption of fear” that shifts the burden of proof to the prosecutor to prove a negative result. The state of West Virginia has a castle law with a “Stand Your Ground” variant. This law can be consulted below. (b) A lawful resident of an apartment or other place of residence is not required to withdraw from an intruder or aggressor in the circumstances described in paragraph (a) of this section. The common law principle of the “Castle Doctrine” states that individuals have the right to use appropriate force, including lethal force, to protect themselves from an intruder in their home. This principle has been codified and extended by state legislators. Of course, there are exceptions.