![]() Call us today at (215) 977-4627 or contact us online to schedule a consultation. At van der Veen, Hartshorn and Levin, our skilled attorneys have the necessary experience to defend you if charges have been laid, and we will always ensure your best interests are protected. If you do though, it is critical that you know your rights and that you speak to an Allentown criminal defense lawyer. However, there is not a duty to retreat from your dwelling unless you are the initial aggressor. Generally speaking, there is a duty to retreat, so long as it can be done in a safe manner. First, the Castle Doctrine impacts the duty to retreat. No one should ever have to use deadly force to protect themselves or their home and hopefully, you never find yourself in this position. The Castle Doctrine is based on the idea that everyone has the right to be safe in his or her home. Our Criminal Defense Lawyer in Allentown Can Help with Your Charges That is, they do not have to try and escape the situation before using deadly force. When the above conditions apply, a person can use deadly force and they do not have an obligation to try and retreat. The assailant or intruder brandishes a firearm or another type of weapon that could be lethal.They are not using deadly force to interfere with an officer of the peace.They do not possess an illegal firearm and are not involved in illegal activity.They have the right to be in the location where they felt they were in danger.Even when one of these conditions applies, a person can still only use deadly force if: The law states using deadly force is justifiable when a person believes they or their loved ones are in danger of serious injury, death, kidnapping, or sexual intercourse compelled by threat or force. Under the law, this deadly force can be used without the home-dweller facing any repercussions.ĭue to the fact that the Castle Doctrine allows people to use deadly force in certain situations and therefore, they could potentially take a life, there are very strict conditions on when a person can use this type of force. The Castle Doctrine allows people to use deadly force to protect themselves, their family, and their property against intruders in their home. People have a right to feel safe when they are in their own home. The Castle Doctrine got its name from Sir Edward Coke, a former parliament member in England, who once said that a man’s home was his castle, his fortress, and his safest refuge. In the meantime, our Allentown criminal defense lawyer explains the Castle Doctrine as it currently stands in the state. It is expected that the bill will now be referred to the Senate Judiciary Committee for review. The new legislation proposes to extend the law right to the property line, which would not require a person to enter a home before deadly force can be used. The Castle Doctrine, also known as the Stand Your Ground law, allows Pennsylvanians to use force, even deadly force, if someone enters their home with the intent to commit a crime. Recently, State Senator Pat Stefano introduced legislation to expand the Castle Doctrine law in Pennsylvania.
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