Courts in Pennsylvania have for decades ruled that using force in self-defense cases is justified to “protect one’s life or limb or to save one’s self from great bodily harm.” Commonwealth v. You did what you had to do what you needed to do to protect yourself from bodily harm.Īccording to PA law, conduct that is typically labeled as criminal is not defined as illegal, if the act in question was justified. In other words, you were fully aware the act of self-defense was planned in advance. Justification means you claim the act of self-defense was intentional, not accidental. The first step towards learning about Pennsylvania self-defense statutes involves knowing the act of self-defense in PA is referred to as a justification defense. What Defines Self-Defense in Pennsylvania? (C) The actor believes that such force is necessary to protect himself against death or serious bodily injury. (B) The actor has been unlawfully dispossessed of the property and is making a reentry justified by section 507 of this title (relating to the use of force for the protection of property) or (A) The actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest (ii) To resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if: (i) To resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful or (1) The use of force is not justifiable under this section: (b) Limitations on justifying the necessity for the use of force. The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. (a) Use of force justifiable for protection of the person. In Pennsylvania, what are the legal consequences of using a firearm? Let’s look at the provision of PA law that defines the use of self-defense. This means if you buy a gun for personal protection, you must take responsibility for knowing how to use the gun. Self-defense, in the name of personal protection, is widely accepted as the most important reason why American citizens own firearms. This scenario begs the question: Does Pennsylvania law allow for the use of force in self-defense cases?ĭo you have the Right to Defend Yourself in Pennsylvania? As one of the men begins to cock his arm back to throw a punch, your basic instinct is to ward off the attacker in self-defense by using a firearm. Your brain’s alarm system immediately cries out that you need to prepare for taking action against the three men. Suddenly, three men come out of an alley and start walking briskly towards you. You are walking alone on a moonless night down a street in the heart of Philadelphia. PENNSYLVANIA Self-Defense Law Explained by Attorney James Bonner
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