Self Defense
W. Va. Code § 55-7-22 — no duty to retreat at home, deadly force elsewhere only against imminent death or serious harm
At home. A lawful occupant of a home may use reasonable and proportionate force, including deadly force, against an intruder or attacker where the occupant reasonably fears death or serious bodily harm, or a felony in the home, and has no duty to retreat.
Anywhere else. A person not engaged in unlawful activity, attacked anywhere they have a legal right to be, may use reasonable and proportionate force, and deadly force without a duty to retreat where they reasonably believe only it can save them or another from imminent death or serious bodily harm.
The justified use of that force is a full and complete defense to a civil action brought by the intruder or attacker, but not for a person who was committing or escaping from a felony.
The section is written for civil actions; criminal charges are judged on the facts as well. Whether force was justified in a particular case is a question for a licensed West Virginia attorney.
Sources for this section (1)
- W. Va. Code § 55-7-22 — Civil relief for persons resisting certain criminal activities
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed West Virginia attorney.