Pennsylvania Self-Defense - Assault

State:
Multi-State
Control #:
US-00890
Format:
Word; 
Rich Text
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Description

Sample Jury Instruction - This sample jury instruction states that the assault was justified on the grounds of self-defense.

How to fill out Self-Defense - Assault?

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FAQ

Legal in PA OC spray, pepper spray, mace are all legal and allowed to be carried without license for concealment. Stun gun (must be 18 to own, and cannot be used for ?offensive purposes?) Swiss Army or multipurpose tools. Household/multipurpose items (mini flashlight, keys, metal keychain attachment) Kubotan.

Pennsylvania has a Stand Your Ground law enshrined in the 18 Pa C.S. § 505(b)(2.3) statute. The rule allows you to use deadly force in self-defense if you believe you're in immediate danger in a place where you're legally supposed to be.

Self-defense is either ?perfect? self-defense, meaning the defendant acted out of an honest, reasonable believe that the killing was necessary to defend himself or herself, or imperfect self-defense, meaning the defendant believed self-defense was necessary, but a reasonable person would believe otherwise.

Like many states, Pennsylvania has a ?Stand your Ground? law ? also known as a ?Shoot First? law ? that expands the right to use lethal force in self-defense.

Death by Self-Defense Self-defense killings are not charged as crimes. If you are forced to kill another person in self-defense, you can avoid criminal charges as long as your actions were justified. The defendant must prove that they were in imminent danger to avoid being charged with manslaughter.

Pennsylvania is one of the states that permit the use of force without a duty to retreat, also known as ?stand your ground? laws. If you injure or kill someone in self-defense, you need an attorney to effectively argue your case. Otherwise, you could be facing violent felony charges in Pennsylvania.

Self-defense laws in at least 23 states (Arizona, Arkansas, Colorado, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Maryland, Michigan, Montana, New Hampshire, North Carolina, North Dakota, Oklahoma, Ohio, Pennsylvania, South Carolina, Tennessee West Virginia and Wisconsin) provide civil immunity ...

Most simple assaults are classified as a second degree misdemeanor in Pennsylvania. An M2 for simple assault is punishable by up to 2 years in prison. In cases where the simple assault results from a mutual fight, it will be a third degree misdemeanor ?or M3, punishable by up to one year in prison.

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Pennsylvania Self-Defense - Assault