Related Posts. August 1st, May 1st, March 1st, Thinking about Pleading Guilty in Pennsylvania? Read this First. February 1st, January 1st, In short, they are an extension of the self-defense exception.
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. You can also use protective force in public where you have a right to be by law. This includes cars, homes, and other public places.
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. There must be a reasonable expectation of immediate danger. This means that a deadly weapon, like a gun or knife, must be visible and immediately accessible.
You also cannot chase someone down after a crime and claim protection. Finally, if you are involved in a crime at the time, stand your ground does not apply. The hotly contested stand your ground laws get debated constantly in Pennsylvania.
A cell phone is not commensurate with a gun, but in the moment, you believed your life was in peril. In cases such as this, a jury is called upon to put themselves in your shoes in the exact moment and discuss how a reasonable person would react.
They are prohibited from using hindsight in the matter. Not so! Right here, right now! This places a huge burden on the prosecution to prove that your actions were unreasonable given the circumstances. When the law itself is stating the use of deadly force is reasonable, however, it makes it almost impossible to prove the contrary. The right lawyer can mean the difference between years in prison and an acquittal.
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