10.16.16

Q: Attorney Tully, if someone breaks into my house and I shoot him, am I going to jail?

A: No one can answer that with certainty. The law never allows anyone to randomly shoot someone. However, a few years ago Pennsylvania adopted the so-called castle defense statute. Homeowners received expanded legal rights. A homeowner is now presumed to have a reasonable belief that deadly force is necessary if another person has forcibly entered or is inside their home unlawfully. But be careful. That presumption can be rebutted and you can be charged under certain circumstances. Call me. Bernie