Castle doctrine

[ziprider]

Does PA have a castle doctrine? A friend, who happens to be a lawyer was attacked in her garage by an unarmed assailant. I told her to buy a gun, to which she replied PA laws only allows "like force" to be used. Is she correct?

[toysrubi]

If you are within your home there is no duty to retreat, however you still can only apply lethal force if you feel your life is in danger. (IANAL) This is my understanding of PA law I am sure one of the legal eagles will comment soon. (especially if I am wrong )

[Captain Tuttle]

Does PA have a castle doctrine? A friend, who happens to be a lawyer was attacked in her garage by an unarmed assailant. I told her to buy a gun, to which she replied PA laws only allows "like force" to be used. Is she correct?

There is no stipulation for "like force" that I am aware of. You have no duty to retreat when you are in your residence. If your are in fear for your life, you are within your rights to stop the threat.

I also think you are using "castle doctrine" in the wrong context from a legal perspective relative to the scenario you are describing.

But I'm no lawyer. Just a dopey citizen.

[Xringshooter]

Although I'm not a lawyer, I did stay in several Holiday Inn Express's this week. If she was in her garage, that is part of her home and she does not have to retreat (castle).

PA does not yet have a "stand your ground" law that basically says that if you are out and about minding your own business and someone attacks you, you don't have to retreat, you can defend yourself. Right now, if someone attacks you and you can retreat, you are supposed to try to do that, rather than use force on the attacker. If you can't retreat and fear for your life you can use the force required to stop the attack.

You should tell here to brush up on the UFA and the laws pertaining to self defense in PA.

[headcase]

Please have your "lawyer" friend brush up on the law stuff for the Commonwealth she practices in. There is no "like force" requirement, as has been said. If you feel that your life is in imminent danger and you can not retreat with complete safety, you can use any means necessary to defend yourself and stop the threat to your life. The duty to retreat is only, again, if you know you can do so with complete safety. How anyone can KNOW they will be completely safe from the threat they face by retreating, is beyond me in most scenarios I can come up with, but even this small stipulation does not apply if you are in your home. There are also other situations where you are justified in using lethal force, such as fearing you are about to be raped or kidnapped..

Have her read this UFA especially 505, maybe a couple of times, you know, to be sure....


IANAL, but in this case, I don't think I have to be.......YMMV

[knight0334]

Castle Doctrine and Stand Your Ground in PA:

Castle Doctrine - one's home(and place of work in PA): PA does have probably 90% of full blown Castle Doctrine as coded statute, and practices it in common law. You have no duty to retreat from your home or place of work, unless you were the aggressor and/or the other person has a lawful right to be there as well. The only thing that PA lacks with true "Castle Doctrine" is the assumption that the person unlawfully entering your home is doing so to do harm. You must believe that you are at immediate risk of serious bodily injury, death, rape or kidnapping before using deadly force. However, there is a provision under the Protection of Property section of law to stop unlawful entries if a felony is committed within a dwelling. And also a PA Supreme Court ruling stating deadly force may be used if all attempts to effect an arrest for a forcible type felony fail(Commonwealth v. Chermansky 1968, reaffirmed in Kopko v. Miller 2005).

Stand Your Ground - anywhere else in PA: PA lacks this type of provision allowing you to meet force with force anywhere. However, PA does grant one's place of work as a extension to the Castle Doctrine. Any place else you must retreat if you can do so "in complete safety" before using force. If you cannot retreat with complete safety, or are faced with immediate deadly force, risk of serious bodily injury, rape, or kidnapping - you may use deadly force to protect yourself.

Protection of Others: You may use force to protect another if they are in the same situation as you would be required to be in before using deadly force as described in the Stand Your Ground section above. Sort of a "in their shoes" type provision.

Civil Liabilities: This is usually added on with "Stand Your Ground" provisions. PA lacks such protections in our laws and you may face civil lawsuits even if the use of force is justified.

[The Unknown 1087]

I really wish PA would actually get a full blown Castle Doctrine like some other states.

[knight0334]

Its as full blown as most. No duty to retreat in the home. The only thing it lacks is the assumption that the person unlawfully entering is doing so to cause harm.

[angus]

I really wish PA would actually get a full blown Castle Doctrine like some other states.

What would be nice would be immunity from civil liability suits for lawful use of force in one's castle.

[The Unknown 1087]

Its as full blown as most. No duty to retreat in the home. The only thing it lacks is the assumption that the person unlawfully entering is doing so to cause harm.

What would be nice would be immunity from civil liability suits for lawful use of force in one's castle.

True for both! thats what we need and it would be good.