A Guide to Stand Your Ground Laws
As a U.S citizen, you must’ve heard of the term ‘Stand Your Ground’ laws. But, do you know what it really means?
First of all, not every state in the U.S has its ‘Stand Your Ground’ laws. In Pennsylvania, this law is referred to as the ‘Castle Doctrine,’ which was affirmed by the Supreme Court.
Now, what does ‘Stand Your Ground’ actually mean?
Well, it means that you, as an individual, have the right to apply force, including deadly force, when you are confronted with violence at a place where you have the right to be.
For instance, if two burglars barge into your home and threaten you to death using weapons, you clearly can use physical force to protect yourself and your family. In such cases, you are not required to retreat or run away. Stand your ground laws are, therefore, very similar to self-defense laws in a way! Also, if you want an in-depth exploration of Stand Your Ground laws, only a legal professional like a Pittsburgh criminal lawyer can help you out.
Explaining the Castle Doctrine
As mentioned above, in Pennsylvania, the ‘Stand Your Ground Law’ is also known as the ‘Castle Doctrine.’ It is defined in the Statute 18 Pa. C.S. Section 505.
This law, which is referred to as the right to use force in self-protection, states that you have the right to physically defend yourself against another person if you think that doing so is essential to protect yourself.
But, at the same time, the Pennsylvania Law of Statutes has also specified an array of limitations as to when the application of force is justifiable. And only a knowledgeable Pittsburgh criminal lawyer can explain this to you most conveniently.
For instance, Section 505(b)(2.3) is quite a relevant stand your ground law that states the following:
If a person, who is-
- Not involved in any criminal activity
- Not in possession of any illegal firearm
is attacked in a place, the person has the right not to retreat and use force, which also involves deadly force, only if-
- The person had the right to be in the place where he was attacked
- The person believes that using deadly force is utterly necessary to protect himself from death, or any serious bodily injury, kidnapping, or sexual violence
- The person against whom the force has been used displays a firearm, or a replica of a firearm, or any other weapon that can be lethal.
So, if this is a situation that you are facing, it is perfectly alright to stand your ground. But remember that you should have the right to be at the place where you’ve been attacked- be it your residence or a public place.
Also, keep in mind that the person threatening you must display any kind of weapon that is capable of inflicting a fatal injury. If it’s just a verbal threat, a stand your ground might not be applicable in your situation!
To Conclude
So, if you have been accused or charged with a crime, despite defending yourself, don’t wait, and seek help from a Pittsburgh criminal lawyer ASAP! At the Logue Law Group, we have years of experience handling such situations, and our Pittsburgh criminal lawyers will work for your best interests all along and extract the most favorable outcome for you! Just place a call at 844.PITT.DUI and schedule a free appointment today!