Is Pennsylvania a Stand-Your-Ground State?
An increasing number of states have stand-your-ground laws. These laws govern when individuals can defend themselves and use reasonable force when another person is unlawfully attempting to hurt them.
Pennsylvania allows individuals to assert self-defense against criminal charges in certain situations. It’s not a blanket defense. If, for example, an individual shoots someone for accidentally bumping into them on a sidewalk, the defense is unlikely to apply.
Knowing when Pennsylvania’s laws allow for self-defense can be the difference between not facing charges and a criminal conviction. If you’re facing criminal charges related to Pennsylvania’s stand-your-ground law, the LLF Law Firm Criminal Defense Team can help. Your rights don’t end because you’ve been accused of a crime. Call us at 888-535-3686 or fill out our online form.
When Pennsylvania’s Stand-Your-Ground Laws Apply
Individuals can use justified, reasonable force when they believe it’s necessary to prevent imminent, unlawful force against them. They can also use force to protect another person or their property.
The force used must be proportionate. For example, Person A pulls a gun and shoots Person B after Person B slaps them. That will likely not be considered a reasonable response.
Individuals can use force when they fear death, imminent bodily harm, kidnapping, or sexual assault. They can also use reasonable force to defend others. When someone trespasses onto another person’s property or vehicle, the property owner may also use force.
The ability to use deadly force for self-defense is more limited. Pennsylvania’s default is that deadly force isn’t allowed under the state’s stand-your-ground laws, unless in limited circumstances.
When Pennsylvania’s Stand-Your-Ground Laws Don’t Apply
Stand-your-ground laws don’t cover the excessive or unreasonable use of force. Pennsylvania also outlines other situations when its stand-your-ground laws don’t apply:
- Individuals are engaged in criminal activity.
- Individuals are in a place where they aren’t authorized or allowed. For example, a trespasser cannot rely on stand-your-ground laws as a defense.
- Individuals cannot resist arrest, even if they think the arrest is unlawful.
- If someone instigates an encounter, they cannot claim self-defense.
- If a person isn’t in fear of harm and not at their home or office, they have a duty to retreat, if possible.
- When possible, individuals must first ask an intruder on their property to leave or otherwise warn them before resorting to force.
- If in a safe place, an individual cannot leave that safety to confront a trespasser.
- Finally, even if someone has the right to defend themselves under the state’s stand-your-ground laws, their response has to be a proportionate response. If their response is unreasonable or significantly more violent than the threat, they may face criminal charges.
Protect Your Rights
You have a right to defend your person, others, and your property. Pennsylvania allows individuals to use a reasonable amount of force to prevent damage to their person or their property.
If you were involved in an incident that required the use of self-defense, you need to build a strong defense. Contact the LLF Law Firm Criminal Defense Team at 888-535-3686 or fill out our online form.