It’s late at night in Northeast Philly. You’re walking to your car when someone confronts you aggressively. Fearing for your safety, you act to defend yourself, only to find out days later that you’re the one being charged with a crime.
In Pennsylvania, self-defense is a legal right, but that doesn’t mean the police or prosecutors will automatically see it your way. Suppose you’ve been arrested or charged after defending yourself in Philadelphia or the surrounding suburbs. In that case, you need to act quickly to protect your rights and build your defense with an experienced criminal defense attorney.
Arrested After Defending Yourself in PA? Here’s What You Should Know
Pennsylvania recognizes the legal right to use force to defend yourself under certain circumstances, but that doesn’t stop the police from arresting you or the district attorney from filing charges if they believe your actions were excessive or unjustified.
You can be charged with:
- Simple Assault
- Aggravated Assault
- Possession of a Weapon
- Reckless Endangerment
- Homicide or Manslaughter (in deadly force cases)
Even if you believe you were acting in self-defense, law enforcement may see things differently, especially if there were no neutral witnesses or the other person suffered serious injuries. That’s why working with a defense lawyer who can tell your side of the story and prove that your actions were legally justified is critical.
Pennsylvania’s Self-Defense Laws
Pennsylvania law allows you to use force—including deadly force—in self-defense if you reasonably believe it’s necessary to protect yourself from death, serious bodily injury, sexual assault, or kidnapping.
The law covers two main types of self-defense:
Castle Doctrine
You have no duty to retreat and may use force, including deadly force, if someone unlawfully enters your home, occupied vehicle, or workplace and poses a threat. This is often referred to as the “Castle Doctrine.”
Stand Your Ground
Outside of your home or car, you are generally expected to retreat if it’s safe to do so—but under Pennsylvania’s Stand Your Ground law, you can use deadly force without retreating if:
- You are in a place you are legally allowed to be,
- You’re not engaged in criminal activity,
- You’re facing an immediate threat of serious harm or death, and
- The aggressor is using or displaying a deadly weapon.
However, these protections aren’t automatic, and you’ll need to prove that your actions met the legal standard for self-defense.
Why You Might Still Face Criminal Charges
Even when self-defense applies, there are many reasons why you might still be arrested or charged. These include:
- Disputed Facts – The police may rely on the other party’s version of events or assume you were the aggressor.
- Lack of Witnesses or Video Evidence – Law enforcement may default to charging both parties without clear proof.
- Perceived Excessive Force – If the level of force used was more significant than what the situation called for, prosecutors may not view it as justified.
- Prior Conflicts or Relationships – A history of conflict with the alleged victim may lead police to believe the act wasn’t defensive.
- Weapons or Firearms Involved – Using a weapon in a confrontation, even lawfully, may lead to more serious charges.
These complications highlight why having experienced legal representation immediately after any self-defense incident is so important.
How Fienman Defense Helps After a Self-Defense Arrest
When you’ve been charged with a crime after protecting yourself, your future, your freedom, and your rights are on the line. At Fienman Defense, we get to work immediately to uncover the truth and build a compelling case for dismissal or acquittal.
Investigate the Full Story
Police reports often don’t tell the full story. We gather surveillance footage, medical records, 911 transcripts, and witness statements to show what really happened—and why your actions were justified under the law.
Raise a Self-Defense Claim
Pennsylvania law allows your attorney to raise the justification of self-defense, shifting the burden to the prosecution. That means they must prove beyond a reasonable doubt that you were not acting in self-defense, a powerful legal advantage when applied correctly.
Challenge Evidence & Prosecution Tactics
We examine every aspect of the case, how the investigation was handled, whether your Miranda rights were honored, and whether the physical evidence supports the state’s claims. When necessary, we file motions to suppress improper evidence or get the case dismissed altogether.
Negotiate or Go to Trial
Some cases can be resolved through pre-trial negotiations or withdrawal of charges, especially when the evidence clearly supports your right to self-defense. But when prosecutors won’t back down, we’re fully prepared to fight for you in court—and have done so successfully for countless clients.
Don’t Let a Self-Defense Arrest Ruin Your Life — Call Fienman Defense
You have the right to defend yourself, but without the right legal help, you could still face serious consequences. Don’t leave your future to chance.
Michael Fienman understands Pennsylvania self-defense laws and knows how local prosecutors approach these cases. From Center City Philadelphia to the Main Line and beyond, he fights to get charges dropped, protect your record, and keep you out of jail.
Call Fienman Defense today at (215) 839-9529 or use our online form to schedule your free consultation. If you were charged after defending yourself in PA, we’re ready to help.
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