Pennsylvania is a Stand Your Ground state when it comes to self-defense laws and whether one has a duty to retreat. This law permits the use of deadly force without needing first to try to remove yourself from danger. Thus, you can protect yourself and your family from intruders, muggers, and others who are attempting to hurt you.
However, it is essential to understand that you could still face a criminal investigation for your actions. If you injure or kill another person, even in self-defense, you should contact a Philadelphoa criminal defense lawyer as soon as possible. They can protect your rights and advocate for you while law enforcement investigates what happened.
What Is the Purpose of the Pennsylvania Stand Your Ground Law?
Pennsylvania recognizes the Stand Your Ground doctrine under 18 Pa. C.S.A. § 505(b)(2.3). This statute allows you to use deadly force to defend yourself and your loved ones if you believe you are in immediate danger of harm. It only applies when you are somewhere legally, such as your home, a business, or a public sidewalk.
Pennsylvania lawmakers updated the state’s self-defense laws in 2011, adding Stand Your Ground provisions and updating the Castle Doctrine, which covers self-defense inside your home.
Before these changes, self-defense laws in Pennsylvania required you to attempt to retreat before using deadly force. However, this is no longer necessary in these specific places. If you are somewhere you are legally allowed, and you believe yourself to be in immediate danger of death or serious bodily injury, you can use deadly force if necessary to protect yourself.
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What Actions Does the PA Stand Your Ground Law Cover?
The PA Stand Your Ground provisions only apply under specific circumstances. They provide criminal immunity under particular conditions, including:
- When you believe you face the threat of death, serious bodily injury, sexual intercourse by force or threat, or kidnapping.
- When you must act in self-defense.
- When you must protect others from serious bodily harm.
- When you need to protect your property.
You must act immediately, and not as retaliation, upon the threat to yourself, your family, or your property to gain immunity under Pennsylvania’s Stand Your Ground law. In addition, if the other party attempts to flee, you cannot chase them and act legally in self-defense. There is often an in-depth investigation into these incidents, so you should know your rights and duties before acting.
Could I Face Charges Even Though Pennsylvania Is a Stand Your Ground State?
If the investigating agency does not believe you acted within the Stand Your Ground law, you could still face criminal charges based on actions that you maintain are inself-defense actions. If the state charges you, you must present compelling evidence to show why you needed to act immediately to protect yourself or others..
Many factors play a role in these cases, making them complex to defend. You will want an attorney on your side familiar with the Pennsylvania self-defense laws.
You might also face a civil lawsuit, which is separate from the criminal case. The harmed party could sue you for their injuries, medical care, and other damages. The evidence that you acted in self-defense under the Stand Your Ground doctrine should also support your defense in civil court.
What Role Does a Criminal Defense Attorney Play in a Stand Your Ground Case?
An experienced criminal defense attorney will be instrumental in protecting your rights and advocating for your best interests if you face an investigation or charges for protecting yourself from harm in a Stand Your Ground state.
Your attorney will know how these laws work and can explain how the statute applies in your case. They will ensure you understand your rights and develop a solid defense to show you acted in a way protected under the Stand Your Ground doctrine.
When you choose to work with a criminal defense lawyer, they will:
- Review the facts of your case, including the strength of the evidence the police or prosecution has against you.
- Identify any weaknesses or inconsistencies in the case.
- Develop a robust defense strategy based on your self-defense, defense of others, or defense of your property.
- Attend police questioning with you.
- Represent you in any necessary court appearances or legal proceedings.
- Investigate what happened, including interviewing witnesses and gathering evidence.
- Present evidence to show you acted within the law to prevent charges before the state files them.
- Negotiate with prosecutors to drop or reduce charges.
- Defend you in court by presenting evidence, cross-examining witnesses, and advocating to clear your name.
How Long Will This Process Take?
How long could it take to navigate this process and show your actions fell under the PA Stand Your Ground law? That will depend on the circumstances and available evidence. We can often help our clients avoid facing charges or prevent a conviction, ensuring they do not have to face consequences for protecting themselves, others, or their property.
When Should I Call an Attorney After a Stand Your Ground Self-Defense Incident?
Sometimes, the investigation into an assault is brief. The evidence points to self-defense quickly, and the injured party may even admit they were attempting to harm the individual who caused their injuries. However, these investigations can also drag on and even lead to arrests and charges.
Having an experienced attorney on your side can help you in several ways. They can present additional evidence to support your self-defense claim, protect your rights, provide guidance and support, and fight for your best interests.
Contact a criminal defense lawyer as soon as possible after the incident occurs. You’re not admitting you did anything wrong by contacting one. Instead, you want someone who can offer advocacy, advice, and knowledge of the legal process.
Discuss Your Stand Your Ground Defense With Our Team Today
Call the Law Offices of M.J. Snyder, LLC, to discuss your incident and how the Stand Your Ground law could serve as a strong defense on your behalf. We offer a free consultation for those facing investigation, allegations, arrest, or charges in Philadelphia and nearby areas. We are here to help you fight for your future. Contact us today to learn more.
