With crime on the rise, many people have taken steps to protect themselves from violent attacks and to defend their homes and families from violent crimes including robbery, murder, sexual assault or any other violent criminal offense.  There are a wide variety of measures that people take to safeguard their person, home or family including a firearm or other weapon, martial arts training, or a can of mace or pepper spray.  Unfortunately, it is easy for the victim of a violent attack to find themselves on the wrong side of the bars if they do not understand the legal requirements and limits of using force for self-defense.  Self-defense is called “justification” under Pennsylvania law.

The challenge in determining when and how much force one can use in self-defense begins with the fact that there is no real objective criteria.  The Pennsylvania jury instruction for self-defense is riddled with vague and subjective language.  A person must “reasonably believe” that he or she is threatened and the threat must be “immediate.”  A person defending himself or others cannot use deadly force if he or she “knows” that he or she can can retreat.  This subjectivity can make it difficult to guage if force may be acceptable and how much force may be used.  Given that the use of force in self-defense is typically under extreme circumstances and in the face of an impending attack, it is hardly realistic that you will have the time or composure to carefully analyze these legal subtlties when the time comes.  Because self-defense is so open to subjective standards and may not realistically fit with real world situations, it is critical to have an experienced Pittsburgh criminal defense attorney who has experience in the factual and legal requirements of effectively asserting self-defense or other valid defenses to your criminal charge.

The requirements for asserting self-defense is complicated and only an experienced Pennsylvania criminal defense attorney can advise you about whether such a defense is appropriate in your case.  While some other states treat self-defense as an affirmative defense and shift the burden of proof to the accused, the prosecutor in Pennsylvania must prove that the defense of justification has not been established beyond a reasonable doubt.  We have provided a brief overview of some key aspects of the self-defense law in Pennsylvania.

Deadly vs. Non-Deadly Force

You may only use deadly force if you reasonably believe you are in immediate danger of death, serious bodily injury, kidnapping or forcible sexual intercourse.  In such circumstances, you may use deadly force, which is defined as force that is readily capable of causing death or serious bodily injury.  “Serious bodily injury” includes permanent disfigurement or extended impairment of bodily function.  It does not include force that happens to cause this type of serious injury but would not be expected to under the circumstances.  For example, a slap on the face that causes death from a heart attack where you had no idea of a person’s heart condition would not constitute deadly force.  If you use a firearm to fight off a person who is preparing to slap you, by contrast, this will typically make the defense unavailable.

Deadly force may only be used against the threat of deadly force and may not be used when you know that you can safely retreat to avoid an impending threat of attack.  You also may not use deadly force rather than surrender your wallet.  However, there is currently pending legislation in Pennsylvania to permit application of a “Castle Doctrine.”  This legislation would elminate the obligation to retreat within one’s home or business to avoid using deadly force to defend oneself or one’s family.  There is no obligation to retreat if you are employing non-deadly force to defend yourself from a threat of force.

Reasonable vs. Actual Belief

A person must actually believe that they must use deadly or non-deadly force based on the circumstances.  While this belief needs to be reasonable under the circumstances, a person may still assert self-defense even if their belief is mistaken as long as it is reasonable.  Pennsylvania law takes into account the extreme circumstances under which this doctrine may be employed, and juries also are supposed to consider those extreme conditions.  As the Pennsylvania jury instruction puts it, “In the heat of conflict, a person who is being attacked ordinarily has neither time nore composure to evaluate carefully the danger and make nice judgements about exactly how much force is needed to protect himself or herself.”

Provocation vs. Withdrawl

If you engage in in conduct that creates an immediate threat of force which elicits force in response by an attacker this may be considered provocation.  Provocation may make self-defense unavailable unless you are able to show that you withdrew from the conflict and made your peacful intentions known.

While the subjectivity of the law is designed to allow people to “use common sense” when defending themselves, a prosecuting attorney is not there to observe the facts and circumstances of your situation.  The prosecutor’s job is to find the interpretation of events that leads to your conviction.  When relying on justification (self-defense) or other defense strategies, it is critical to work with an experienced Pennsylvania criminal defense attorney who can navigate through the ambiguity and subjectivity to help a jury understand your side of the story.

With a focus on thorough preparation, superior client service and dedicated representation, I help families and individuals solve a wide range of domestic violence, assault and battery defense cases throughout the Pittsburgh area and surrounding counties.

I will respond to your email submission as promptly as possible. I ask that you consider calling me directly at 1-412-475-9217 or toll free at 1-855-DUI-CRIM for a free initial consultation to discuss your case.  You will also find out how our practice can be put to work for you.

I look forward to listening to the circumstances of your case and discussing all available options under the law.

Sincerely,

Michael V. Worgul

Michael V. Worgul, Esq., LLC
429 Forbes Avenue
Pittsburgh, PA 15219
Toll Free: 1-855-DUI-CRIM
Phone: 412-475-9217
Fax: 412-288-8943