Self Defense
18 Pa.C.S. 505 — force believed immediately necessary, and when deadly force is justified
In Pennsylvania, the use of force upon or toward another person is justifiable when the actor believes it is immediately necessary to protect himself against the use of unlawful force by that person on the present occasion.
- Force is not justifiable to resist an arrest the actor knows is being made by a peace officer, even if the arrest is unlawful.
- Deadly force is justifiable only where the actor believes it necessary to protect against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat.
- Deadly force is not justifiable if the actor provoked the encounter intending to cause death or serious bodily injury.
- Nor is it justifiable if the actor knows he can avoid the need for it with complete safety by retreating, except that there is no duty to retreat from one's dwelling or place of work, unless the actor was the initial aggressor or is attacked at work by someone who also works there.
A presumption at home and in an occupied vehicle, and no duty to retreat when a weapon is shown. An actor is presumed to reasonably believe deadly force is immediately necessary against someone unlawfully and forcefully entering, or inside, a dwelling, residence or occupied vehicle, or trying to remove another from it against their will, where the actor knows or has reason to believe that is happening. Elsewhere, an actor not engaged in criminal activity and not illegally possessing a firearm, who has a right to be where he is attacked, has no duty to retreat and may stand his ground and use deadly force if he believes it immediately necessary and the attacker displays or uses a firearm, a replica, or another weapon readily or apparently capable of lethal use.
Force is also justifiable to protect a third person when the actor would be justified in using it to protect himself against the injury he believes is threatened to that person, that person would be justified in using it, and the actor believes his intervention is necessary. The actor need not retreat any further than the person protected would have to.
The presumption does not apply against a lawful resident of the dwelling, a parent or guardian taking their own child, an actor engaged in crime, or a peace officer the actor knew or should have known was one. Whether force was justified is a question for a jury, a court, and a licensed Pennsylvania attorney.
Sources for this section (2)
- 18 Pa.C.S. 505 — Use of force in self-protection
- 18 Pa.C.S. 506 — Use of force for the protection of other persons
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Pennsylvania attorney.