West Virginia’s Stand Your Ground law permits individuals to use force, including deadly force, without retreating when lawfully present and facing imminent threats. Codified in §55-7-22, it applies to homes (Castle Doctrine) and public spaces.
No Duty to Retreat
Lawful occupants or persons in any place they have a right to be can meet force without fleeing, provided they reasonably fear death, serious bodily harm, or felony commission. This holds if not engaged in unlawful activity.
Reasonable Force Requirements
Force must be proportionate: non-deadly for minor threats, deadly only for grave dangers. Beliefs must be objectively reasonable based on circumstances.
| Scenario | Deadly Force Allowed? | Key Condition |
|---|---|---|
| Home Invasion | Yes | Reasonable fear of harm/felony |
| Public Attack | Yes | No retreat duty if lawful spot |
| Property Defense | No (deadly) | Non-deadly only, no harm threat |
| Defending Others | Yes | Same imminent danger standard |
Exclusions and Limits
No protection if provoking violence, committing felonies, or acting as initial aggressor without withdrawal. Immunity from civil suits applies for justified acts, but criminal probes assess reasonableness.
Enforcement Notes
Prosecutors review cases; 2026 updates via HB4878 clarified non-residence defenses but preserved core rules. Consult WV Legislature code for details.
SOURCES :
- https://mywaynecountynow.com/understanding-west-virginias-stand-your-ground-law/
- https://www.justia.com/criminal/defenses/stand-your-ground-laws-50-state-survey/
