If you used physical force to protect yourself, your family, or your property, you can claim self-defense. Under Georgia law, individuals who act in self-defense have no duty to retreat if they are in a lawful place at the time. To claim self-defense, certain situations must exist, such as the offender believing that his or her life or others’ lives are in danger or attempting to stop a forcible felony. The law also provides special protection for you in your own home under the Castle Doctrine.
At Ghanayem & Rayasam, we understand that circumstances may force you to protect yourself and your loved ones. If charged with assault, contact our Atlanta assault and battery defense lawyers promptly.
Circumstances That Warrant the Use of Self-Defense
Under G.A. Code §16-3-21, self-defense is justified if: Another person uses unlawful force causing imminent fear of serious injury or death.
- You believe another person is in fear of suffering harm
- You are stopping a forcible felony like armed robbery, aggravated assault, or kidnapping
When is the Use of Deadly Force Permitted?
State law says you may use deadly force only to prevent serious injury or death to yourself or others. If there is no threat to life, using lethal force is not justified under Georgia law.
However, an exception to the Castle Doctrine allows homeowners to use deadly force if an intruder enters their home or workplace, or if an intruder breaks into their vehicle. Under the Castle Doctrine, if the intruder enters forcibly or the entry is made with the intent of committing a felony, state law permits the use of deadly force.
Legal Advocacy in the Face of Criminal Charges
Georgia’s Stand Your Ground law grants individuals greater rights than those in other states. No situation warrants a duty to retreat, meaning that you have no obligation to try to escape a dangerous situation but can defend yourself immediately. While this may seem ideal, it comes with inherent risks. While it may seem straightforward to defend yourself with a deadly weapon if someone attempts to strangulate you, the other person may have a different version of events.
If evidence shows your life was not in danger or you provoked the altercation, you could be charged with aggravated assault. Self-defense laws are complex, so work with an experienced Atlanta assault and battery attorney.
At Ghanayem & Rayasam, our knowledge base of the criminal code allows us to approach each situation from a unique perspective. Personal relationships and interactions vary, so should your defense strategy. When you meet with our criminal defense lawyers, we will review the circumstances surrounding your case to determine the best approach. Our legal counsel also consults expert witnesses in their fields, ensuring that our case is scientifically and technically sound.
Reach Out to Our Atlanta Assault and Battery Defense Lawyers Today
If you are facing assault allegations, contact Ghanayem & Rayasam immediately for strategic legal defense. Our Atlanta assault and battery attorneys will help you show that your actions stemmed from a reasonable fear of serious harm or death. Schedule your free consultation now by calling (404) 561-0202 or reaching out online . Your defense starts with your call.