An issue that arises in violent crimes charges is the issue of defense of property. Defense of property basically permits an individual to use reasonable force when he is defending either his personal property (a pocketbook or wallet) or his real property (his home and land). firearm chargesThe defense of defense of property is explained in section 507 of the Pennsylvania Crimes Code. That section of the code explains when a criminal defendant can be justified in using force to protect his property. It is important that you should consult with an experienced criminal lawyer before attempting to use force to keep someone from trespassing or entering your property. Frequently police will charge individuals who harm others in the commission of violent crimes even if the accused was acting in the defense of his own property. The laws dealing with defense of property can be complex and confusing, so speak to an aggressive Chester county criminal lawyer today.
Section 507 is somewhat confusing when it comes to explaining whether defense or property is appropriate or justified in violent crimes cases. assault Specifically, this section says that force is permitted against another person if the defendant believes that such force is needed to stop an unlawful entry onto his property or land or the taking of his personal property. Additionally, this section explains that the defendant need not be the owner of the property, he must only believe that the property belongs to him. However, in using such force, the accused must tell the trespasser to leave his property before he uses force or request a thief to surrender the item that he has taken. In criminal charges, defense of property is a complete defense to violent crime charges such as simple assault or aggravated assault. However, the accused must take the stand and testify in his own defense and explain why he felt it was necessary to resort to the use of force.