While self-defense and defense of others are based on attacks on your body, the castle doctrine applies to crimes against your property, especially your home. Article 16-3-23 (2015) of the General Assembly Code states: You must also provide evidence of the deceased`s tendency to commit abuse (if the person claiming self-defence actually killed the other) if you acted in response to the domestic violence. In all cases, your defense attorney will explain the steps needed to present a show cause defense. “In a normal case of self-defense in a lawless stand-your-ground state, the person must retreat into the wall, as they say – take every step to the last step, and then use force only when absolutely necessary. In a stand, of course, the state of your floor can be confronted with violence. Stand-Your-Ground laws are not meant to take the law into their own hands. Instead, they provide defense to those who are attacked. If you had to use force to avoid an attack, you will need an experienced defense attorney who can support you from arrest to trial, helping you show that what you were forced to do was justified to protect yourself, your home or your loved ones. Remember, it is always better to be judged by twelve than to be carried by six. In most cases, killing or injuring someone in self-defense is not a crime. If you have been charged with assault, murder or manslaughter in self-defense while protecting your life or the lives of others, you are innocent and The Law Ladies can help you prove it.
If ever the need to defend yourself, it`s important to understand the Georgia Stand Your Ground Act. The rules and rights that underpin the Georgia Stand Your Ground Act outline exactly what justifies these actions in the face of the imminent threat of danger or lethal force. Many Georgians want to be sure that their homes, cars and loved ones are safe. You can carry a weapon at any time to protect yourself from theft or attacks. But do they have to retreat before opening fire? Or can you assert yourself in self-defense in Georgia? Translated into modern times, the “castle doctrine” states that you can use reasonable force to defend your home or other property. Here, too, the “Stand Your Ground” law applies. You don`t have to withdraw from your home before you decide to use force to protect it. If the jury finds that your actions were not those of a reasonable person, then defending yourself or others is not justified. However, your lawyer will likely be able to tell you if this is not possible before your case goes to court. There are two common scenarios in which we look for cases where a person`s use of lethal force is not justified: Can you shoot an intruder? Probably, but a prosecutor can argue otherwise. You may hear terms like “The Castle Doctrine” and “Stand Your Ground.” Both doctrines respect an individual`s right to administer adequate means of self-defence. Georgia is a Stand Your Ground state, which means that your rights where you can defend yourself are virtually unlimited.
Unlike the doctrine of the castle, your self-defense allows you to defend yourself beyond your home, vehicle, or workplace. In self-defense, you may have some legal exposure. Georgian self-defense laws and a Georgian defense lawyer can protect you from criminal charges. Even if you are not charged with a crime, the other party can file a civil lawsuit against you. Again, your lawyer can help you fight lawsuits. States have self-defence laws that allow persons directly threatened to defend themselves or others with appropriate force without exposing themselves or others to the risk of criminal responsibility. Georgia`s self-defense laws allow people to assert themselves and use appropriate force to defend themselves or others, even if they had the opportunity to flee. This is true whether someone approaches them on the street, in the car or even at home. The legal claim depends on where the defensive action took place and whether the person was defending themselves or other people, property, a house (house or 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. Although the company generally supports this legal principle, it is not without controversy, especially when it comes to Georgia`s “Stand Your Ground” laws, also known as the “Standing Your Ground” law. At Lawson and Berry, we have over 25 years of experience in criminal defense. Our legal team has dedicated its life to protecting people and we have represented more than 5,000 clients across Georgia. If you or a loved one has been charged and believe you were justified under stand-your-ground laws, contact our office now. We will work tirelessly to protect your rights, your freedom and your future. 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.
This is especially true in cases of lethal force, including defense with a weapon or knife. You may use force that could result in death or serious bodily injury (such as a gunshot) only if you have reasonable grounds to believe that this level of force is necessary to prevent death or serious bodily injury to you or a third party. You should never use self-defense (lethal or otherwise) if: Hopefully you will never face 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. 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. Georgia`s “Stand Your Ground” law is designed to help people protect their families and homes, but it can also get you in trouble if you`re not careful. Here you will find all the information you need.
Georgian law states that you don`t have to sit there and let crimes happen to you. If you have reason to believe that someone will attack you (“imminent use of unlawful force”), you have the right to defend yourself. This does not mean that you can bring the proverbial weapon to a knife fight or overreact to a relatively small act of aggression. Instead, you may only threaten or use force to the extent that you reasonably deem necessary to stop the violence against you. Georgia`s criminal trespassing laws are often thought to be closely related to Georgia`s “Stand Your Ground” laws. However, this could not be further from the truth. In other words, if you reasonably believe someone is trying to break into your home or damage your home, you can threaten or use force to the extent necessary to stop them. However, the rules governing when you can use lethal force to defend your property differ from the norms of the state`s personal laws. You are only allowed to use lethal force if: If you own a firearm in Georgia or fear being a victim of crime, you may be wondering when and how you can defend your own territory, defend your home, and defend others from illegal activities.
Learn from our lawyers how Georgia`s immunity laws work and what it will look like if you have to assert self-defense claims in a criminal case. In what situations can judicial systems take into account the laws in some of these cases? A person exercising his or her rights under this law usually asks the judge for a hearing before the trial begins.