Legal Question in Criminal Law in Pennsylvania

Based on the very limited information that you have provided, I would say that your son has the affirmative defenses of self defense and defense of others. Generally, these defenses are not available in situations where an individual is involved in a fist fight defending himself, then shoots the person with a gun. Essentially, you can only respond with reasonable force necessary to defend yourself. You can't bring a gun to a boxing match.

However, in your son's case, he is only discharging the gun as a warning to make the people stop. If the evidence comes in, which it likely will, that your son pointed the gun at the intended victims, discharged it, but missed - he may be found guilty of the above crimes if a jury finds that he did not respond to the assault with the reasonable force. The reason that I believe that there will be some negative evidence against your son, is that I can foresee the alleged victims testifying that your son aimed the gun directly at them, and it was only by the grace of God that they were not shot. To defeat this testimony, additional witnesses to the incident who will testify differently will be necessary.

Please note, the answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an open exchange between a lawyer and a client, permitting the lawyer to ask additional facts that may change or confirm the answers provided to the client. Therefore, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship.

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