Legal Question in Criminal Law in Pennsylvania
If you killed someone and pleaded self defense at the start of the trial. Later the DA proved it was not self defense, because of the force used and not stopping the defense after he was knocked out.
Is this a mis-trial? Do I have to change pleas??
Ken
1 Answer from Attorneys
Self defense is an affirmative defense. That is I did what should be a crime but because I was defending myself I shouldn't be convicted and punished.
So now the DA burden isn't to prove you did the crime because an affirmative defense is an admission you committed the crime but had a motive that excuses the crime. What the DA has to prove is that you claim of self defense doesn't meet the definition required to excuse your actions.
So you're not looking at a mistrial. You'll looking at a conviction.
{John}
Related Questions & Answers
-
Can the victim go to a ciminal trial without the DA having to know Asked 3/21/11, 2:00 pm in United States Pennsylvania Criminal Law
-
Is it legal for an adult female to carry a stun gun in the Commonwealth of... Asked 3/18/11, 5:05 am in United States Pennsylvania Criminal Law
-
I got charged with two different harassment charges. I was at a bar and was... Asked 3/17/11, 9:34 am in United States Pennsylvania Criminal Law