When Can You Claim Self-Defense in Pennsylvania?

In the state of Pennsylvania, you have the right to defend yourself against certain threats that you face. You can use a weapon, and sometimes deadly force, when it is justifiable for you to do so. There are self-defense laws in PA that establish when you are allowed to claim self-defense.

If you do act to defend yourself, police will investigate the actions you have taken to ensure that your behavior was justified. You may wish to be represented by a Pennsylvania self-defense attorney during this investigation. In some cases, people who acted in their own defense, or in defense of others, will end up facing criminal charges. If you are charged, you need a lawyer to defend yourself so you can try to avoid conviction.

What are Self-Defense Laws in PA?

According to PA self-defense laws, self-defense is justified in circumstances where your behavior was in accordance with the state’s law. Pennsylvania has “stand your ground” laws, which are laws that make it clear you do not have a duty to retreat if you are under threat. In some states, you are only allowed to defend yourself if there is no way to escape from the threat.

Pennsylvania’s stand your ground law is actually an extension of the Castle Doctrine and allows you to use force without first retreating from imminent danger. This situation may have played out in your home, workplace, or a public area where you have the right to be present.

The doctrine finds its roots in the notion that your home (workplace, car, and so on) is a place where you feel secure. Being threatened in these places shouldn’t mean you should retreat from your attackers. An exception to PA self-defense laws is if you’re the initial aggressor in the situation.

Reasons for Self-Defense

Pennsylvania’s self-defense laws are found in 18 PA consolidated statutes 505(b)(2.3). Under the law, the use of force against another person is justifiable if the person who acts in self-defense believes that the use of force is “immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.”

As per self-defense laws in PA, if you’ve injured or killed someone in an act of self-defense, you’ll need to prove the following in court:

• Belief: You must have believed that you were in imminent danger of being harmed at the time of the attack.
• Immediate necessity: You must have also believed that retreating to safety was not an option and that your own use of force was “immediately necessary.”
• Unlawful force: Your attacker must have used unlawful force when confronting you.
• Present occasion: The fear of harm must have prevailed in the present occasion rather than a previous attack or threat.
• Proportional response: Your use of force must have been proportionated to the level of the threat confronting you.

Limitations on Use of Force in PA Stand Your Ground Laws

Are you legally justified in your use of force in the name of self-defense? As per PA stand your ground laws, there are some limited exceptions to this basic rule. For example, you are not allowed to use force to defend against another force you provoked. This means if your original conduct justified the other person acting against you, you cannot legally use force to defend yourself. It’ll be considered a crime. The statute outlines situations where the use of force may not be justified.

Our Pennsylvania self-defense attorneys recommend knowing about the other situations where the use of force is not justified including:

• Resisting arrest by a peace officer;
• The resisting force used by the occupier of property or by another person who is defending their property;
• When the individual provokes the actions being taken against him;
• And when the individual is unlawfully entering another’s property.

It is up to you to prove that you acted in accordance with PA self-defense laws so you can avoid being charged by a prosecutor and/or convince a court to acquit you if the prosecutor brings charges against you in a criminal case.

Mazzoni Valvano Szewczyk & Karam: Self-Defense Lawyers in Pennsylvania

Whether you’ve been charged with minor assault, aggravated assault, disorderly conduct, or even homicide, you’ll need strong legal representation to prove that you were acting in self-defense.

You should have a Pennsylvania self-defense attorney representing you when you talk with police or prosecutors and you should definitely have a Pennsylvania self-defense lawyer if a prosecutor brings charges against you.

PA self-defense laws are complex. Determining when it is acceptable to use deadly force against someone can be tricky. If you have been arrested for a crime that you believe required the use of force in self-protection, consult an experienced Pennsylvania self-defense attorney from MVSK Law today. Schedule a free consultation to know about your rights and the best defenses available in your case.