All You Need to Know About ‘Stand Your Ground’ Laws
You must know that self-defense is an inherent right. But when it comes to legal terms, it gets a little complicated. Legally, a self-defense matter shifts towards force, and how much to use.
This is the very core question that Stand Your Ground laws address. And these statutes have sparked intense public and legal debate nationwide. Therefore, understanding these specific legal doctrines becomes a crucial task as a citizen. The law dictates whether you have a duty to retreat before using deadly force to protect yourself or others or not.
So, if you ever face criminal charges involving self-defense, don’t waste time and consult with an experienced Pittsburgh criminal lawyer ASAP. They can help you navigate these complex waters and come up with great defense strategies to ensure a favorable outcome.
Stand Your Ground: A Brief Overview of the Concept
Stand Your Ground laws represent a radical shift in the landscape of self-defense, legally. Previously, many jurisdictions imposed a duty to retreat. This meant a person was legally obliged to attempt to remove themselves from a confrontation before resorting to force. Application of deadly force to defend oneself used to be the last resort.
However, ‘Stand Your Ground’ statutes remove this duty to retreat. This statute states that a person who is lawfully present in a location has the right to ‘stand their ground.’
They may use force, and are also allowed to use deadly force, if they believe it has become very much necessary to prevent death or any serious injury. If the force used is found to be justified, the person may be relieved from criminal prosecution and civil liability.
And only an experienced Pittsburgh criminal lawyer can help prove your innocence if you are involved in an incident where self-defense becomes a factor. Otherwise, you are definitely facing some consequences!
The Castle Doctrine
The Castle Doctrine happens to be the foundational principle for all modern self-defense laws in Pennsylvania.
This doctrine states that a person has no duty to retreat when they are unlawfully or forcibly attacked within their own dwelling. In this context, the law presumes that death or serious injury remains an imminent threat.
In Pennsylvania, the Castle Doctrine is outlined in the state’s statutes. It allows the use of deadly force if a person reasonably believes it is immediately necessary to protect against death, serious injury, kidnapping, or rape attempts. So, if you were ever forced to injure someone who tried to intentionally attack you, remember that our Pittsburgh criminal lawyers can come up with the best strategies for your defense.
Most importantly, the law also extends this protection to a person’s residence and occupied vehicle. A key amendment in 2011 in this statute further expanded self-defense rights outside the home as well, which eventually established a form of ‘Stand Your Ground’ in Pennsylvania. This amendment stated that a person not engaged in criminal activity and not illegally possessing a firearm has no duty to retreat if the attacker uses a lethal weapon!
However, successfully navigating these nuances is critical. That’s because the law also has exceptions. For instance, if the attacker is a peace officer acting in an official capacity, things can get complex if you start to revolt!
And that’s exactly why using deadly force in Pennsylvania for self-defense can become a complex legal issue, for which a capable Pittsburgh criminal lawyer is the right professional. So, if you have entangled yourself in such a case, make sure to hire an experienced Pittsburgh criminal lawyer by your side. Also, if you have questions about justifiable force, call us up at 844.PITT.DUI and book a free consultation ASAP.