Justification can be a defense in the criminal justice system concerning violent crimes. Additionally, there are two types of ways defendants try and offer up a reason for why the act was committed. The first is an excuse. Excuses do not justify an individual's actions. gun charges` They are merely offered up as a reason for why the individual would do what they did and, in some cases, can reduce the severity of the sentence, depending on the judge. One of the most common excuses used was being intoxicated. While this excuse most likely will not get you off the hook for the crime, it can be offered up as a reason for why the individual acted that way. On the other hand, a justification which is any act that an individual would deem necessary to avoid any evil, would most likely dismiss any charges against you. It is important to note that the burden of proof for a justification is on the defense unlike all of the other criminal proceedings where the burden of proof is on the prosecution. One type of justification that would not make an act criminal is self-defense. If the defense is able to prove that the induvial was acting in self-defense when the act was committed, then the act would no longer be considered a criminal act.
Under Pennsylvania law regarding violent crimes and self-defense, an individual is allowed to use force in order to protect themselves from a threat. assault crimes In order for it to be justified, the individual must believe that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force. The statute includes a number of subsections each dealing with the various elements that relate to the amount of force and when it is not justifiable to use force. For instance, under section 505(b)(1) of the statute it lists two circumstances where the use of force is not justifiable. The first is when an individual is being lawfully arrested. The second is when an individual is essentially being kicked out of a business or home for a justified reason. Then in section 505(b)(2), you will find the section that deals with the use of deadly force. The previous section was just force in general, which did not include deadly force. The use of deadly force is justified when an individual deems it necessary to protect himself from death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat of force.
As mentioned in previous posts about Criminal Defense, the right to the use force for the protection of property or to stop a threat in self-protection is an American principle that makes the United States a unique country. Violent Crimes In the Commonwealth of Pennsylvania not only are you allowed to use force in self-defense or for the protection of another, you are also allowed to use force for the protection of your property. The use of force for the protection of property is written in section 507 in the Pa criminal code. It is very similar to the pervious mentioned statutes in that it lays out when and when an individual can use force in order to protect property. The first provision states that an individual can use force to protect their property to prevent the unlawful entry into their property. Essentially if someone breaks into your house with the intention of stealing your property or committing another felony, you can use force to stop that threat.