Self-Defense in Pennsylvania: When Can You Legally Protect Yourself?

As a criminal defense attorney with over 30 years of experience, I’ve successfully defended clients in Philadelphia and across Pennsylvania by asserting self-defense. Here's how it works.

🔹 What Is Considered “Self-Defense” in Pennsylvania?

Also known legally as “justification”, self-defense means you used force because:

1. You reasonably believed you were in immediate danger of unlawful force or serious bodily injury, and

2. Your use of force was necessary and proportional to stop the threat.

This is sometimes called the “stand your ground” or “castle doctrine”, depending on where and how the incident occurred.

🔹 When Can You Use Deadly Force?

Deadly force — force that could cause serious injury or death — is only justified when:

• You believe you are in immediate danger of being killed, seriously injured, or raped

• You are not the aggressor or didn't provoke the confrontation

• You cannot safely retreat, unless you're in your home, vehicle, or workplace (Pennsylvania's Castle Doctrine)

You do NOT have to retreat from your own home or property if someone breaks in — this is the basis of Stand Your Ground laws.

🔹 When Self-Defense Is NOT Allowed

You may lose the right to claim self-defense if:

• You were the initial aggressor

• You escalated a minor conflict into violence

• You used more force than necessary

• You failed to retreat, if required

• The threat wasn’t immediate or credible

For example, punching someone because they insulted you — or chasing someone down after a fight ends — usually won’t qualify as self-defense.

🔹 How Self-Defense Is Proven in Court

In most cases, the burden of proof shifts to the prosecution once you raise self-defense. They must prove beyond a reasonable doubt that you did NOT act in self-defense.

A skilled defense attorney can present:

✅ Eyewitness testimony
✅ Surveillance footage
✅ Physical injuries showing you were attacked
✅ A history of threats or abuse from the alleged victim
✅ Expert testimony on use of force

Protect Yourself — and Your Rights

If you believe you acted in self-defense, don't wait to build your case. With the right legal strategy, you can avoid a conviction and clear your name.

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