Perhaps since the dawn of humanity, there has been a need for one person to protect himself from others. Verbal arguments often escalate into life-threatening situations. In such situations, a person may be justified in using force to defend himself, others and property. The mere fact of having a disagreement does not justify the use of physical force to solve the problem. This article attempts to explain the laws in force in Georgia for the use of lethal force and to provide some understanding of your rights in order to protect yourself. Most states have some form of self-defense law, but in some states, you must first have exhausted all your other options. This is often referred to as the obligation to withdraw. It is said that if you can, you must take reasonable steps to avoid the attack before defending yourself. Hopefully, you will never be faced with a situation where you have to assert yourself in Georgia. As a safety precaution, it would be wise to understand how this law works in real-life situations. While Stand Your Ground allows for non-lethal self-defense, it is the greatest protection for you when deadly force has been used.
Overturn your basic laws, which upset centuries-old legal traditions and allow a person to use lethal force in public self-defense, even if that violence can be safely avoided by withdrawing or when non-lethal force would suffice. In certain circumstances, YES. O.C.G.A. Section 16-3-24 states that the threat or use of force is justified if you have reason to believe that it is necessary to prevent or stop the intrusion or other unlawful or criminal interference by a person with real property other than your home. The Georgia state government enacted the Stand-Your-Ground Act to protect Georgians and their property. Georgia is one of 38 states enforcing this law, despite RAND Corporation research concluding that there is moderate evidence that stand-your-ground laws can increase homicide rates, and limited evidence that laws increase gun murders in particular. “Taking justice into your own hands is not the purpose of stand-your-ground laws. On the other hand, they provide a defense when people are attacked. An experienced defense attorney can help you from the moment of arrest, if the police determine it was not self-defense, to legal proceedings that will land you in court.
The lawyer will argue your case that what you or your family did was justified to avoid harming you or your loved ones. Georgia has no such law. Georgia`s self-defense law gives you the right to assert yourself and use appropriate force to defend yourself or others, even if you might have fled instead. This is true if you are approached on the street, in your car or even in your own home. Determining whether you have legitimately defended your point of view is based on where the defensive action took place and whether you defended a person, property or apartment (a house or possibly a vehicle) or land. The doctrine of the castle is a well-known principle associated with the defense of the Housing Act, O.C.G.A. § 16-3-23. Essentially, if you have the right to defend your castle (house), then the law allows you to assert yourself. You don`t need to retreat or look for a way to withdraw. The Stand-Your-Ground laws essentially take the castle doctrine and extend it to any place where a person can legally reside.
It is not necessary to believe that you are in danger of death or serious bodily harm, as with the law of self-defense. If you believe that threats or violence are necessary to prevent illegal entry or keep an intruder away from your home, then the castle doctrine applies. You can also use reasonable force to defend property that you own or that belongs to a family member or person you are legally required to protect. Let us advise you individually and ask your legal questions. Many lawyers in Georgia offer free consultations. If someone enters your property, it does not immediately mean that you can use force against them. This premise does not change if the intruder ignored a warning of criminal trespassing on your property. Trespassing is still illegal, but it shouldn`t be a death sentence, so you should always call the police if you notice an intruder instead of aggravating a nonviolent situation with violence. It has also been said that “just because you can do something doesn`t mean you have to do it.” Self-defense and stand-your-ground laws state that you may have the right to threaten, injure or even kill another person as long as what you did was reasonable.
