If that can be established, it would seem to me that a proportional response to THAT, would be to use deadly force against the attacker.
well really all that is needed is that the lad feared it. he can’t read her mind.
Granted I did not search case law but I looked at 3 different websites (google Virginia self defense) summarizing VA self defense laws. All 3 specifically stated that being physically assaulted is not sufficient grounds to kill. The link I posted says someone has to be unconscious or unresisting before hands and feet can be considered deadly weapons. This, combined with the arrest lead me to believe VA case law says being beaten does not cross the line where you are allowed to use deadly force to protect yourself or someone else.
yes but disparity of force arguments are in the kids’/moms’ favor. you can use more force than the attcker if you are weaker, surprise attacked, disabled, injured, a group versus one, and you don’t have to take the first blow.