There are many cases in Criminal Defense cases where individuals find themselves in a situation in which the use of force is necessary in order to execute a public duty. Section 504 of the Pa criminal outlines the specifics of when the use of force is necessary in the execution of public duty. public drunkenness There are a number of provisions that outline when exactly force can be used and would be protected under this statute. The first provision is about defining the duties or functions of a public officer or the assistance to be rendered to such officer in the performance of his duties. Essentially this gives public officers the right to use force when they deem it necessary to perform their duties. The next provision protects anyone who is executing a legal process. The third provision protects individuals who are enforcing a contempt of court order. The fourth provision protects individuals who are in the armed forces that are acting within the lawful conduct of war.
Finally, in Criminal defense cases, the last provision of the statute involving execution of public duty by individuals who are acting in the scope of their employment. false statements to police In addition to the provisions that protect individuals who use force in the execution of a public duty, there are exemptions to the use of force. The next provisions lay out the criteria for that. The first exception to this statute are people whose job does not involve the execution of a public duty. They would not be protected under this statute. The second exception involves the use of deadly force. This exception does not protect anyone whose duty does not expressly permit that individual to use deadly force. For instance, if a security guard uses deadly force when it is not in their job description to do so, they would not be protected under this statute. The execution of a public duty is an affirmative defense that may justify an action that took place. However, it is important to let a good defense attorney decide if it is in your best interest to use this type of defense. The attorneys at The Law Offices of Kelly and Conte are experienced attorneys who will help with all your legal needs.