Abington man shoots robber in defense of others

Many people are familiar with the concept of self defense, but Pennsylvania defense law also permits the use of deadly force in defense of others. In this case, just this past Monday, an Abington man woke up to his mother’s screams for help. She had just returned home from a trip to a casino and a man followed her in and attempted to steal her purse. He pointed a gun at her and pushed her to the ground. Her son was lawfully in possession of a handgun and came to her aid. When he saw the robber he shot him twice. The robber ran outside and collapsed in the yard. The handgun used by the robber was recovered from the yard.

The law governing use of force in the defense of others is complex, and no one should undertake such an effort without carefully studying the law. Even a minor mistake in this regard can result in spending the rest of your life in prison. There really is no more serious situation that you will ever face.

That said, Pennsylvania law does permit the use of deadly force in the defense of another person. In this situation it appears that the son will not face any charges as he was lawfully defending his mother. The law states that in order to use force to defend someone else, the defender must be lawfully permitted to use the same force to defend himself if he were the one being attacked. It must also be true that the victim of the attack would be justified in using the same force against the perpetrator of the attack. The defender must also believe that his intervention is necessary for the protection of the victim of the attack.

At first it doesn’t sound that complicated, but as previously stated, this area of law is very complex. For instance, if either the defender or the person he is defending is at fault in any substantial way in provoking the conflict then the use of force is not justified. This could be as simple as the victim of the situation firing a warning shot to scare away the aggressor. In Philadelphia, this is treated as “fault” in the conflict, and they will charge the defender because the victim was at fault in provoking the conflict. Other similar behavior that could constitute fault and prohibit the defense include arguing with the aggressor, aggressive driving or road rage, or willingly going to the place where the problem occurred knowing that a conflict was likely. These are just a few examples, but to truly understand this area of the law you really need to consult with a good attorney, read a comprehensive treatise, or read Pennsylvania caselaw addressing the topic of defense of others.

Of course, all of the facts referenced above are only allegations and the perpetrator is presumed innocent unless he is proven guilty. Call us if you want to further discuss Pennsylvania’s law of defense of others or we invite you to leave a comment on this page.