after a afternoon argument between husband and wife , 10:30 pm mother- in- law, sister- in- law , 3 other women go to daughter- in- laws house and try to kick in front door while she is sleeping with two children. she runs to back fence(side street).where they were trying to get in the yard. picked up a small knife and waves the knife sideways to scare them while trying to hold the fence closed with her other arm. she cuts one of the women who goes to the hospital. she is charged with aggravated assult .( Pennsylvania has no self defense ) please could you tell me her outcome her trial is for one day coming soon.
RECENTLY WENT TO COURT, ONLY TO FIND OUT THEY HAVE RE-SCHEDUALED THE HEARING FOR APRIL OF NEXT YEAR? CAN ANYONE TELL ME WHY THIS HAPPENS?
Lawsuit / Dispute Attorney
Nobody can predict her outcome for trial, she needs to hire an attorney if she hasn’t already. Contrary to what you may have been told, Pennsylvania does indeed recognize a right of self defense. It is found in 18 § 503 and essentially allows a victim to use just enough force to repel an attack.
Stew Crawford, Jr. Esq.
Crawford Law Firm
A Full Service Law Firm
223 North Monroe Street
Media, PA 19063
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Yes, the woman has a right to self defense. However, a jury will have to examine if the use of force with a deadly weapon like a knife was the appropriate use of form against 5 women attacking her. No one can guarantee any outcome for any jury trial. Remember the OJ Simpson trial? She needs to have an attorney.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice. Mr. Leroi answers questions on Avvo because he strongly believes in public service from his years as a judge, magistrate, and prosecutor. If you need to ask any follow up questions because my answer did not fully address your question, feel free to call Chris or post an additional question. Thank you.
Divorce / Separation Lawyer
I agree with my colleagues in that there is a qualified right to self defense in PA, however, the most important thing to focus on now hiring an attorney who is able to develop a strategy based on self-defense if there is enough to support such a claim. If you are close to trial and you do not have an attorney yet, you need to hire an experienced criminal defense attorney immediately. Aggravated assault is a very serious charge and you do not want to leave the result up to chance.
DUI / DWI Attorney
No lawyer will be able to tell you the outcome. What you need to do is speak with an experience local attorney who can look at the evidence and give you an opinion about the case.
Pennsylvania does have self defense as a potential defense to the charges.
Best of luck
Criminal Defense Attorney
PA does have self defense as noted. Whether that works in this case depends on what the witnesses say, what the police report says, how credible the defendant's story is. All of these sources of evidence need to be reviewed by the defendant's attorney with her before any prediction about the case can be given.
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