Virginia Model Jury Instructions – Criminal
CHAPTER 33 HOMICIDE

Instruction No. 33.810 Self-Defense—Defendant With Fault—Retreat to Wall

If you believe that the defendant was to some degree at fault in provoking or bringing on the [fight; difficulty], but you further believe that:

(1) he retreated as far as he safely could under the circumstances in a good faith attempt to abandon the fight; and

(2) he made known his desire for peace by word or act; and

(3) he reasonably feared, under the circumstances as they appeared to him, that he was in imminent danger of being killed or that he was in imminent danger of great bodily harm; and

(4) he used no more force, under the circumstances as they appeared to him, than was reasonably necessary to protect himself from the perceived harm,

then the killing was in self-defense, and you shall find the defendant not guilty.

 

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