Self-Defense Laws in Pennsylvania

Stand your ground only in limited circumstances; otherwise a duty to retreat applies outside the home and workplace. Generally, deadly force is not justifiable if the actor knows that he can avoid the necessity of using such force with complete safety by retreating, but the actor is not obliged to retreat from his dwelling or place of work (unless he was the initial aggressor, or is assailed in his place of work by another person whose place of work the actor knows it to be). An actor who is not engaged in a criminal activity, is not in illegal possession of a firearm, and is attacked in any place where the actor would have a duty to retreat has no duty to retreat and may stand his ground and use force, including deadly force, if he has a right to be in the place where he was attacked, believes it is immediately necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse by force or threat, and the attacker displays or uses a firearm or replica of a firearm, or any other weapon readily or apparently capable of lethal use. This does not apply against a peace officer acting in the performance of official duties whom the actor knew or reasonably should have known to be one.

An actor is presumed to have a reasonable belief that deadly force is immediately necessary if the person against whom force is used is in the process of unlawfully and forcefully entering, or has unlawfully and forcefully entered and is present within, a dwelling, residence or occupied vehicle, or is unlawfully and forcefully removing or attempting to remove another against that other's will from it, and the actor knows or has reason to believe this is occurring or has occurred. The presumption does not apply if the person against whom force is used has the right to be in or is a lawful resident of the dwelling, residence or vehicle (such as an owner or lessee); if the person sought to be removed is a child or grandchild or otherwise in the lawful custody or guardianship of the person against whom force is used; if the actor is engaged in criminal activity or using the dwelling, residence or vehicle to further it; or if the person is a peace officer acting in the performance of official duties whom the actor knew or reasonably should have known to be one. A person who unlawfully and by force enters a dwelling, residence or occupied vehicle (or removes another from one against their will) is presumed to intend to commit an act resulting in death or serious bodily injury, or kidnapping or sexual intercourse by force or threat. There is no duty to retreat from one's dwelling or place of work (with the exceptions above). Civil immunity: an actor who uses force as justified under 18 Pa.C.S. §§ 505-508 is immune from civil liability for personal injuries sustained by a perpetrator, and if the actor prevails in a civil action the court shall award reasonable expenses, including attorney fees, expert witness fees, court costs and compensation for loss of income.