How Pennsylvania Handles Criminal Charges Involving Self-Defense Claims

Self-defense is a powerful legal argument, but it’s also complex. If you’re facing charges in Philadelphia or anywhere in Pennsylvania, here’s how self-defense works—and how an experienced criminal defense attorney can help.

What Is Self-Defense Under Pennsylvania Law?

Pennsylvania law allows individuals to use force—sometimes even deadly force—if they reasonably believe it is necessary to:

• Protect themselves from imminent bodily harm or death

• Defend others from serious injury

• Prevent a felony from being committed in their home

This defense is known legally as justification under 18 Pa. C.S. § 505 (use of force in self-protection) and § 506 (protection of others).

When Can You Use Deadly Force in Pennsylvania?

You are legally justified in using deadly force only if:

✅ You reasonably believe it’s necessary to prevent death, serious bodily injury, kidnapping, or rape
✅ You are not the initial aggressor
✅ You are not violating the law yourself at the time (e.g., trespassing or committing a felony)

The key word is reasonable. If a judge or jury believes your reaction was excessive or avoidable, your claim of self-defense may fail.

Pennsylvania’s “Stand Your Ground” Law

Pennsylvania has a limited Stand Your Ground law. Under 18 Pa. C.S. § 505(b)(2.3), you are not required to retreat before using deadly force if:

• You have a legal right to be where the incident occurred

• You are not engaged in criminal activity

• You believe deadly force is needed to prevent serious injury or death

• The attacker displays or uses a deadly weapon

This means you don’t have to run away if you’re attacked in a public place—but only if those conditions are met.

Castle Doctrine: Defending Yourself at Home or in Your Vehicle

Pennsylvania’s Castle Doctrine allows you to use deadly force without retreating if:

• Someone unlawfully enters, or attempts to enter, your home or occupied vehicle

• You believe the intruder intends to cause harm or commit a felony

The law assumes you acted reasonably in these situations, giving your defense attorney a strong argument for dismissal or acquittal.

What Happens if You Claim Self-Defense?

Once you raise a valid self-defense claim, the burden shifts to the prosecution to prove beyond a reasonable doubt that:

• You were not justified in using force

• You were the aggressor

• You could have safely retreated (if retreat was required)

This burden shift gives your defense significant power—but only if your lawyer can present a strong, well-supported argument.

What Evidence Can Support a Self-Defense Claim?

A skilled criminal defense attorney will look for:

• Witness statements backing up your version of events

• Video footage showing who initiated the confrontation

• 911 calls or police reports

• Medical records showing injuries consistent with being attacked

• Lack of weapons or threats from your side

• Evidence that the alleged victim had a violent history

The stronger your self-defense evidence, the more likely the charges will be reduced—or dropped entirely.

What If You’re Still Charged After Acting in Self-Defense?

Unfortunately, police and prosecutors don’t always believe a self-defense claim—even when it's valid. That’s why it’s crucial to:

✅ Stay silent until you speak with a lawyer
✅ Avoid speaking to the alleged victim or their family
✅ Hire an experienced criminal defense attorney immediately

Your lawyer can file pretrial motions, argue for dismissal, and present a clear self-defense case to the jury if necessary.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

If you’ve been charged with a crime after defending yourself or someone else, don’t face the system alone. With over 30 years of experience in Philadelphia and across Pennsylvania, Mark D. Hauser will fight to protect your rights and freedom using every available legal defense.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.