What are Laws in PA about uses of force

[Nick72]

A few questions about Self Defense and home defense laws for Law Enforcement or people in the legal community.

In view of recent event I was wondering the basic law of PA for home defense and conceal carry. Two example standout in my mind.

Situation 1;

In my house at night hear some sound go downs stair and see a intruder.

What course of action can I legally take?

Situation 2:

I am on the street and a person try to rob or try do do boldly harm to me by physic force, knife, or gun.

What action can I take?

I have read PA law and it does not seem so cut and dry.

Any input would be appreciated.

Thanks, Nick.

[jerkin]

It all depends on the skin color of the perpetrator. If they are black you let them have their way with you and your belongings then call the police after they leave, if they let you live. Any other action would constitute racism, then Al and Jesse will call their buddy O-Diddy to have him use the justice system to smash you like the little racist bug that you are.

You may get lucky and only have to spend a few months in jail prior to the trial and get a jury full of other racists that will set you free but not after you lost your job, your bank account, your standing in the community and your safety for the rest of your life.

I am not a lawyer but this is how I understand the law.

[donm]

I have read PA law and it does not seem so cut and dry.

True, it's not. Have you read the section on "Justification?" It won't make things crystal clear, but most of it is pretty readable. Title 18, Section 5. The Table of Contents:

TITLE 18 CHAPTER 5
GENERAL PRINCIPLES OF JUSTIFICATION

Sec.
501. Definitions.
502. Justification a defense.
503. Justification generally.
504. Execution of public duty.
505. Use of force in self-protection.
506. Use of force for the protection of other persons.
507. Use of force for the protection of property.
508. Use of force in law enforcement.
509. Use of force by persons with special responsibility for care, discipline or safety of others.
510. Justification in property crimes.

[filgun11]

It all depends on the skin color of the perpetrator. If they are black you let them have their way with you and your belongings then call the police after they leave, if they let you live. Any other action would constitute racism, then Al and Jesse will call their buddy O-Diddy to have him use the justice system to smash you like the little racist bug that you are.

LOL! You forgot one factor. The skin color of the victim. If both victim and perpetrator are black, then it doesn't matter. Whoever comes out alive has de facto immunity. Probably doesn't get charged. haha!

OP, Seriously, in Situation #1, I will give verbal warning once or twice, if perp doesn't leave, I assume he intends to harm or kill me. But this will vary a lot depending on who the intruder is. Big scary looking guy breaks into my house and doesn't leave upon my warning, yes! a small kid, then no.
For Situation #2, If perp brings out any weapon, out comes my gun. If he doesn't backs off, one move that I perceive as "going to attack me", I shoot. There's no need to wait for perp to shoot or stab first. The fact that he brought out a weapon, shows that he intends to use it.

Above is my opinion. IANAL.

[sprrdhawk44]

The standard of justification in the use of lethal force is this: if you are in fear of imminent death or severe bodily harm for either yourself or a third person, you are justified in using lethal force. As long as you can effectively articulate that there was an immediate threat to your life, or someone else's life, you should be okay.

[donm]

The standard of justification in the use of lethal force is this: if you are in fear of imminent death or severe bodily harm for either yourself or a third person, you are justified in using lethal force. As long as you can effectively articulate that there was an immediate threat to your life, or someone else's life, you should be okay.

You (or the person you're defending) also have to be "innocent" in the encounter, meaning you didn't initiate or escalate the conflict. For that reason (among others) you need to be very cautious in defending a stranger -- that apparent "criminal" may well be an undercover cop or a dad retrieving his rebellious toddler.

[jthrelf]

Isn't it true that the PA stand your ground law states the attack MUST present a deadly weapon?

[and I'm speaking about not being in your home]

[knight0334]

Isn't it true that the PA stand your ground law states the attack MUST present a deadly weapon?

But regardless of Stand Your Ground provisions a person is still allowed to use deadly force if one believes he is in immediate threat of life, serious bodily injury, rape, or kidnapping and in which he cannot flee with complete safety.

Weapon or not, if your life is at immediate risk - deadly force is legal.

[NJCzbt]

I would just like to thank the OP for posting this because I signed in today to literally ask this very same question with all the self defense hatred going on.

[internet troll]

Here is a link to PAFOA's reference library. If you scroll down to the bottom you will see the links to specific statutes about the use of force that address your question.

http://reference.pafoa.org/statutes/