Pennsylvania Self-Defense

State:
Multi-State
Control #:
US-00891
Format:
Word; 
Rich Text
Instant download

Description

This is a sample jury instruction, whereby the court instructs the jury on the concept of self defense in an assault situation. Care must be taken that the language of the instruction complies with the law in your state and not subject to reversal on appeal.

How to fill out Self-Defense?

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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's stand your ground law is an expanded version of the castle doctrine. This law allows you to use force without first having to retreat from imminent danger if you're in your home, workplace, or in a public place where you have a right to be.

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.

The mistake of fact defense works when there is a significant lack of knowledge or a misunderstanding that would prove the defendant had no intent of committing the crime.

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.

In Pennsylvania, self-defense acts as an affirmative defense; this means, that you had the right to defend yourself under the law and, so, you cannot be held criminally responsible for your actions.

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Pennsylvania Self-Defense