Understanding When Self-Defense Applies in Harrisburg Domestic Violence Charges

Self-defense is permitted in Pennsylvania when you have reason to believe that you are in immediate danger of harm. However, you must show that you were not the initial aggressor but were defending yourself from another person’s attack. If you were charged with domestic violence in Harrisburg, PA when attempting to protect yourself, your actions may be justified given the circumstances.

Understanding your rights under the law is crucial to defending a domestic violence charge, which is where our criminal defense lawyers come in. To discuss your legal options, do not hesitate to contact our legal team.

When Self-Defense is Permitted Under Pennsylvania Law

You are allowed to claim self-defense if you believe that you are in imminent danger of physical harm. The use of force must be reasonable, with deadly force only permitted if you think you may be seriously injured or if you are in danger of being killed.

Under the “Castle Doctrine,” if someone enters your home, you are allowed to use deadly force to protect yourself against the intruder. The Commonwealth requires no duty to retreat in any place that you are lawfully present. Put another way, you do not have to attempt to withdraw from the threat before defending yourself.

Self-Defense in Domestic Violence Cases

Self-defense is a type of affirmative defense. In raising an affirmative defense, the defendant provides a legal justification for their unlawful behavior. An affirmative defense can reduce the charges against you, but proving self-defense can be challenging. You have a legal right to use reasonable force to protect yourself or any family members in any place where you are legally present. For instance, punching your husband if he is hitting your child would be considered a proportionate response.

Evidence to Prove Self-Defense in a Domestic Violence Case

To effectively claim self-defense in a domestic violence case, you will need to demonstrate that you did not initiate the altercation. As the defendant, you must first raise the claim, showing that you have enough supporting evidence to speak to its validity. Evidence that may be used to establish self-defense in a domestic violence case typically includes:

• Eyewitness testimony
• Medical records (medical imaging, surgical notes, and discharge instructions)
• Video footage
• Photographs
• Physical evidence (i.e., weapons, bloodstained clothing, damaged items, etc.)

If there is evidence that your response was inconsistent given the threat, then your self-defense claim may be denied. While you may believe that your actions were justified, the court may not see it the same way. If you were charged with domestic violence, our Harrisburg criminal defense lawyers can help you gather the evidence you need to prove you were acting in self-defense.

Contact a Harrisburg Criminal Defense Attorney Today

Emotions often run high in domestic assault cases, sometimes causing us to make rash decisions. If you are facing domestic assault charges after defending yourself or a family member, Mette Law is here to assist you. Our team of legal professionals has helped numerous individuals navigate the legal system to achieve favorable outcomes. To arrange a consultation with a Harrisburg criminal defense lawyer, contact us online or call (717) 232-5000.