(WTAJ) -- When it comes to self-defense in Pennsylvania, residents may be left to question when the use of deadly force is applicable. The "Stand Your Ground" law may have the answer.
The Stand Your Ground law states that, in Pa., one is allowed to use deadly force in self-defense if they believe they are in "immediate danger" in a place where they are "legally supposed to be." This law is also commonly referred to as the "castle doctrine." However, despite the law, lawsuits surrounding assault can still be filed.
Title 18 Section 505 of the Statutes of Pennsylvania specifically states that, "The use of force upon or toward another person is justifiable when the “actor” (party taking action against an intruder or assailant) believes that such force is immediately necessary for the purpose of protecting himself…" Which means that if a person feels that they are in danger due to the specific unlawful actions of another party, they are entitled to defend themselves.
However, it is important to remember that all laws, especially ones involving deadly force, have limitations. Section 505 B outlines the following factors which are important in determining if the self-defense was justifiable.
- The actor is allowed to or has the right to be in the location where they are attacked
- The person that the deadly force is used against uses or displays a firearm or any weapon apparently capable of lethal use
- The actor has not provoked the assailant in any way
- The actor is not in possession of an illegal firearm or involved in any illegal activity
- The actor is not using deadly force to resist arrest or hinder an officer of the peace
Lawmakers also stress that anyone in a position where deadly force may have to be used is reminded that they can also attempt to leave the situation. Pa. residents are also reminded to use their best judgement of an area or a situation before attempting to use deadly force as means of self-defense.
In order to make a self-defense case justifiable, it must be proved to the court that the use of deadly force was "immediately necessary" and that the other person intended to cause serious harm. The use of force also must be seen as "reasonable" meaning that the force must have been proportionate to the level of force the attacker was using at the time.
Self-defense is not justifiable if the force was not in response to a present occurrence, such as seeking revenge, you were trespassing on a person's property, someone was killed to defend against a lesser use of force or threat or deadly force was used against police.