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


Asked on 3/22/11, 2:08 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

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}

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Answered on 3/22/11, 4:11 am


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