If the police charge you for using force to protect yourself, contact a lawyer right away, the police will typically not explain all your defense options and could use statements you make against you.
But the statute currently stands and could provide a valid defense if you find yourself charged with a crime for defending yourself or others. The hotly contested stand your ground laws get debated constantly in Pennsylvania. Finally, if you are involved in a crime at the time, stand your ground does not apply.
You also cannot chase someone down after a crime and claim protection. This means that a deadly weapon, like a gun or knife, must be visible and immediately accessible.Īlso, protecting yourself must be “immediately necessary.” For example, if the attacker tries to flee, the use of force is no longer justified. There must be a reasonable expectation of immediate danger. Unless the threatening party is an intruder in your home or vehicle, a simple threat of violence or feeling of danger is not enough to justify force. However, Pennsylvania’s Stand Your Ground Law is not absolute. (he) believes it is immediately necessary to do so to protect himself against death, serious bodily injury, kidnapping, or sexual intercourse by force or threat.” See 18 Pa.C.S. In Pennsylvania, any person “has no duty to retreat and has the right to stand his ground and use force, including deadly force if. This includes cars, homes, and other public places. You can also use protective force in public where you have a right to be by law. Stand your ground laws authorize the use of deadly force to protect yourself or others from threats of force or bodily injury without being required to try to escape. In short, they are an extension of the self-defense exception. Generally, stand your ground establishes a defense for justifying the use of force in either a civil or criminal case. Pennsylvania has a very similar statute to other stand your ground states. This relates to the commonly known “Castle Doctrine,” which establishes your right to protect yourself within your own home without first having to try and escape. Pennsylvania is one of 38 states that has either legislated or established through case law that you have no duty to retreat from anywhere you have a legal right to be.
#DEFEND YOUR CASTLE LAW IN OA FREE#
Attorney Michael Fienman has a long track record of asserting and protecting people’s gun rights and believes that you have the right to protect yourself.Ĭall Fienman Defense at (215) 839-9529 or contact us online for a free and confidential consultation. If you find yourself charged with a gun crime in Philadelphia or any offense because you used a firearm, it’s always best to consult an experienced criminal defense lawyer. Unfortunately, few people understand what ‘stand your ground’ means. This is mostly due to the controversial February 2012 Trayvon Martin case, among other recent incidents. Most people have heard about “stand your ground laws” in the past few years.
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