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Posts tagged "the Castle Doctrine and Criminal Defense the Castle Doctrine and Castle Doctrine attorney and Castle Doctrine lawyer"

Criminal Defense the Castle Doctrine

The Castle Doctrine is a phrase which stands for the legal proposition that a person's home is his castle and he may use force in order to defend it. In terms of Criminal Defense, criminal defendant's may use the Castle Doctrine as a defense if certain factors are present.  learn about date rape chargesSpecifically, the Castle Doctrine creates a statutory presumption (it is presumed) that the use of force or deadly force by a criminal defendant in a criminal defense case was both reasonable and immediately necessary if the following factors exist: First, that the person against who the force was used is trying to unlawfully and forcefully enter a dwelling and second, the defendant knows or has reason to believe that the unlawful forceful entry is occurring or occurred. The significance of this law in Pennsylvania is that when these factors are present a criminal jury must presume that the lethal force used by a criminal defendant was both necessary and reasonable.

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