When someone tries to harm us, we may worry about self-defense laws. Should you run away or stand your ground? Will you get arrested and charged with a crime?
For the most part, you are allowed to defend yourself in Georgia. Self-defense is generally not considered a violent crime when it is justified. You are allowed to defend yourself in certain circumstances, such as in your own home or on your property, in public spaces, or at any other time you are facing a threat of bodily harm. Self-defense often occurs in cases of assault or domestic violence but can happen in other cases as well.
What the Law Says
Ga. Code § 16-3-23.1 is known as Georgia's Stand Your Ground law. Under the law, a person is not required to resist, retreat, or run away from a threat before they use force. As the name of the law implies, a person has the legal right to stand their ground in defense of themselves, others, their home, or other property. Lethal force is allowed if someone believes another person is about to seriously injure or kill them. However, deadly force should only be used as a last resort.
The law does not allow people to:
- Take the law into their own hands.
- Use force unlawfully.
- Provoke the use of force against themselves with the intent to use it as an excuse to harm the attacker.
The Stand Your Ground law is similar to the castle doctrine, which relates to the defense of habitation. It allows a person to protect themselves when they are in their own home. The Stand Your Ground law is even broader, as it includes any place where a person may legally be.
The law does allow for non-criminal homicide in certain circumstances. It can be lawful and justified under specific circumstances, such as self-defense.
When proving self-defense, there are a couple of things to keep in mind. You cannot claim self-defense if you were the initial aggressor. If someone hits you first, then you can defend yourself as long as you respond with reasonable action in an immediate time frame. You do not have a "free shot" to attack someone an hour after the altercation ended.
Also, you must reasonably believe that you were in imminent danger of harm. You can protect yourself during the threat but cannot use force once the danger has passed. This means that you cannot attack a perpetrator once they have left your home.
Contact Our Atlanta Criminal Defense Lawyers Today
Self-defense is not typically considered a violent crime, but it is still a good idea to protect yourself in these situations. You could still be charged with a crime, so you should seek legal help right away.
The criminal defense lawyers at Ghanayem & Rayasam will work to minimize the impact of this crime on your criminal history and help you deal with the challenges you will face. Schedule a consultation by calling (404) 561-0202 or filling out the online form.