Georgia Self Defense Laws

Georgia self defense laws were created to reduce the charges or secure the freedom of someone when he or she has to use whatever force is necessary to protect him or herself from another. Self defense is a valid strategy to use in a criminal case, and if a judge agrees that you acted reasonably, you cannot be prosecuted any further. 

No two cases are alike, and this defense requires preparation, experience, and knowledge of the Georgia self defense laws. Therefore, you need a skilled attorney to advise you, develop your argument, and represent you in court. The Law Ladies, a group of experienced criminal defense lawyers in Atlanta, will provide expert counsel if you are charged with using force against another.

Specific rules about Georgia self defense vary from place to place. There are many aspects to consider, including what the actual definition of self defense is. Self defense is defined as the right to prevent physical violence by counteracting it through the use of force. While this is a simple definition, it can raise many questions when applied to different situations.

For example, what is a sufficient level of force when defending yourself, and what surpasses that level, becoming unnecessary use of force? What if the victim provoked the attack? Can a potential victim retreat from the violence? These are merely a few of the questions to which Georgia self defense laws provide answers.

Self defense laws in Georgia are more complicated than they first appear. States have developed rules dictating when self-defense is allowed and how victims can protect themselves.

Generally, self defense is only justified when there is an immediate threat of unlawful force. The threat can be verbal as long as it creates an immediate fear of physical harm. Offensive words without an accompanying risk do not justify self defense.

When it comes to self defense, the use of force typically loses justification once the threat has ended. For instance, if the aggressor ceases assaulting another, there is no longer a threat of violence, and any retaliatory action is considered a forcible felony rather than self defense.

A Georgia self defense law strategy can only be used when you reasonably believe that the commission of a forcible act will result in death or great bodily harm. Georgia self defense laws require the response to violence to match the level of the threat in question. Thus, a person can only use as much force as it takes to remove the threat. 

If the threat is deadly, the victim can use a level of force necessary to prevent death. However, if the risk involves minor force, and the victim uses unlawful force that results in bodily harm or death, your self-defense claim will most likely fail. 

There is a self defense law in the state of Georgia. Early laws concerning self defense required victims to try to avoid violence before using force. This is known as the “Duty to Retreat,” which most states have removed in non-lethal force cases. But, in cases where lethal force causing death is involved, many states do require a person to try to escape before using force.

In contrast to Duty to Retreat, a number of states including Georgia have Stand Your Ground laws. Based on the Official Code of Georgia 16-3-23, the state’s Stand Your Ground law removes the Duty to Retreat and allows a self defense claim even if no escape attempt was made. 

Although this is more common when situations do not involve using deadly force, in GA, whatever amount of force necessary to defend yourself and protect your property may be allowed under this law, even if it involves shooting an intruder. Other states are somewhat divided on the Stand Your Ground law if lethal force is used. 

If you have questions about whether a self defense strategy applies to your case, or other questions about a legal matter — from Georgia Warrants to Expungement in Georgia — The Law Ladies can help. 

Claims of self defense in Georgia are common, but the rules on how a person can defend themselves and the force they are allowed to use can be complicated. Everything can be made simpler with an experienced attorney. You can find a reputable, professional attorney who will defend your right to self defense to the best of their ability.

If you feel that you had a valid reason to react the way that you did, and there are mitigating factors in your case, contact The Law Ladies. They will fully review the details of your situation and may be able to plan a defense strategy using Georgia self defense laws in your favor.