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Understanding When and How Self-Defense Is Used in Georgia Homicide Cases
Georgia ranks in the top 10 states in the nation for homicide mortality rates, and the Atlanta metropolitan area has one of the highest homicide arrest rates in the state. Being accused of taking another person’s life is one of the most serious situations you will face in your life, but every killing is not necessarily murder. The state of Georgia allows for lethal force when appropriate if it is in the act of self-defense. If you felt like your life was in danger, you may be able to use this strategy for your defense.
How Does Self-Defense Apply to Homicide Cases in Georgia?
When someone is accused of homicide, there are several defense strategies that may be applicable. In general, these are divided into two categories: denying that the defendant committed the crime or arguing that the use of lethal force was justified. The latter is called an affirmative defense, and this is what self-defense claims fall under. By claiming self-defense, you are agreeing that the incident happened and that you were the person who was responsible for the death of the other person but that there was a justifiable reason for acting in that manner. If a jury agrees that you meet the criteria to have acted in self-defense, you cannot be convicted of a homicide-related charge.
Does Georgia Have a Stand Your Ground Law?
Some states explicitly say in their legal codes that someone must attempt to leave the scene or otherwise “retreat” before they can be justified in using force in self-defense. Others, including Georgia, do not have these provisions and, instead, have what are called Stand Your Ground laws. According to Georgia Code § 16-3-23.1, residents have “no duty to retreat and [have] the right to stand his or her ground and use force … including deadly force.” For those attempting to use self-defense as an affirmative defense strategy in a homicide case, this means that they don’t have to prove that they tried to de-escalate the situation or avoid using force.
What Is Required to Be Convicted of Murder?
Each criminal charge has specific criteria that must be met for someone to be convicted. The prosecution must also prove each of these criteria in a way that meets the burden of proof for criminal charges, which is beyond a reasonable doubt. To be convicted of murder, for example, the prosecution must prove that the defendant acted intentionally to kill the other person. Involuntary manslaughter, on the other hand, does not require intent. Your attorney will go over your exact charges with you, including what the prosecution will need to prove to get a conviction, as well as how a self-defense claim may be used to refute the charges.
What Are the Elements of a Self-Defense Claim?
To be able to rely on a claim of self-defense in court, your legal team will need to show that specific things occurred.
Reasonable Belief of Imminent Harm
To claim self-defense, you must be able to show that you had a reasonable belief that you were in imminent danger of harm. For example, if someone is pointing a gun at you and threatening to shoot, this could qualify as a reasonable belief that you were about to be harmed.
Reasonable belief of imminent harm also applies if someone unlawfully and forcibly enters your home, or enters in a violent manner, or if you have reason to believe that someone was coming into your home to commit a felony.
Right to Self-Defense or the Defense of Others
Georgia’s Stand Your Ground law gives every person the right to defend themselves if they believe that they are in danger. Because this is laid out in the legal code, it’s not something that specifically has to be proven in court. However, it’s important to note that this right to defend yourself extends into the right to defend others if you witness someone’s life in danger.
Use of Required Degree of Force
In general, the degree of force used in an act of self-defense must be proportional to the threat. If someone is unarmed, 100 feet away, and not approaching you, it would be difficult to justify using lethal force. If you plan on using a self-defense strategy, your legal team will provide evidence that shows that you had the reasonable belief that your life was in danger, which meant that using lethal force to defend yourself was justified.
Deciding Whether to Focus on a Self-Defense Strategy
When you’ve been accused of murder in Georgia, you face the possibility of life in prison without parole or even the death penalty. It’s critical to make a determination on what defense strategy to rely on with the help and legal guidance of an experienced homicide defense attorney. You must be informed of and understand the risks of each strategy to ensure that you make a decision that you’re comfortable with. It’s also imperative to have an attorney you trust. At Mones Law P.C., we know how serious these charges are, and we aggressively defend our clients every step of the way.
If you’ve been accused of homicide and believe that you acted in self-defense, call the attorneys at Mones Law P.C. at 678-616-2647 to find out how we can help and what your next steps should be.
