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What is the Self-Defense Rule in Georgia?
Every state allows its citizens to defend themselves, their property, or another person at imminent risk of bodily harm. Self-defense rules are categorized into the Castle Doctrine or Stand Your Ground principle, as they apply in different states. Under Georgia Code § 16-3-21, the stand-your-ground principle applies
The use of deadly force may be justified if you show you reasonably believed it was necessary to protect yourself. If you’re facing homicide charges, you could use the self-defense argument to beat the charges. However, you must understand how it works. Skilled Atlanta criminal defense lawyers provide an overview of this complex rule.
Stand Your Ground and Duty to Retreat
Georgia laws don’t impose a duty to retreat, meaning you’re not required to retreat before using deadly force in self-defense. Instead, you have the right to stand your ground and use force proportional to the risk of harm you face.
Homicide defense attorneys in Atlanta explain that you could be justified to use force that is aimed at or likely to cause death or significant bodily harm if you reasonably believe that the force is necessary to prevent death or great bodily harm to you or another individual or to prevent a forcible felony.
Generally, self-defense is considered a valid legal defense in homicide cases if the following conditions are sufficiently met:
- Imminent threat: You must demonstrate to the court that you were in danger of imminent threat of immediate death or severe harm. The fear must have been reasonable and understandable under the given circumstances.
- Proportionate response: You must have used reasonable force in responding to the threat, meaning your action should be proportional to the severity of the perceived threat.
- Reasonable belief: You must believe that the force you used was vital to prevent harm or death.
- Immediate defense: You must have responded in self-defense in real-time or immediately to prevent harm. Any delayed responses and retaliatory action generally don’t qualify as self-defense.
While you can successfully claim self-defense in a court of law, you’ll likely be required to demonstrate you met all the requirements. Skilled criminal defense lawyers in Atlanta provide relevant insights into an all-rounded defense strategy.
What is Homicide Under Georgia Law?
Homicide is murder in cases where the defendant was the initial aggressor. It comprises various forms of murder, such as malice murder, second-degree murder, and felony murder. You could also be charged with homicide if you commit voluntary manslaughter, which is the use of unlawful force as a result of sudden passion or anger without premeditation.
The laws in Georgia don’t allow the use of deadly force that would cause the loss of life unless a person is acting in self-defense or in defense of someone else at risk of death or bodily injury. If facing homicide charges, the prosecution has the burden to demonstrate beyond a reasonable doubt that you applied more force than was necessary to defend yourself.
Aggressive Atlanta homicide defense lawyers can create a solid argument to prove that you acted within self-defense laws and only used deadly force because it was necessary. They understand the intricacies of criminal law and have the skills to help you navigate the system for an outcome that favors you.
When Does “Stand Your Ground” Not Apply in Homicide Cases?
Self-defense laws don’t give you the right to take the law into your own hands or leverage the stand-your-ground principle to commit unlawful acts. Specifically, the law states that you’re not justified in using force if you:
- Initially provoke another person to use force against you with the intent to retreat as an excuse to inflict bodily harm against the other person
- Attempt to commit, commit, or flee after attempting to commit or committing a felony
- Were the aggressor or were involved in combat by agreement, unless you withdraw from the act and effectively communicate to the other person your intent to terminate the fight, but the other person threatens to use or uses unlawful force against you.
Before citing self-defense in homicide charges, let experienced homicide defense attorneys in Atlanta evaluate your case circumstances to determine the applicability of the defense strategy. A lot is at stake, and you want to increase the likelihood of having the charges dropped or penalties reduced.
How Do Courts Determine Reasonable Force?
The jury has the discretion to decide if your fears were ones that a reasonable person would have had; hence, there is no standard for what is reasonable. The particular case circumstances will help the court determine whether you were justified to use deadly force.
If you prove you were justified in defending yourself or others, you could be acquitted of the charged crime. If the jury finds your actions were not those of a reasonable person, you risk severe penalties upon a conviction on a homicide charge. Don’t overlook the importance of having Atlanta homicide defense attorneys represent you in the trial to protect your rights.
An Experienced Criminal Defense Attorney Helping You Navigate Self-Defense Laws
If you’re facing homicide charges in Georgia, having a robust defense strategy is crucial to increase the likelihood of having the charges dropped. You can cite self-defense, but you should understand the specific elements and how they play out in the criminal justice system. Your best bet would be to hire experienced homicide defense attorneys in Atlanta to represent you.
Mones Law is a top-notch criminal defense law firm with dedicated lawyers who can help you beat homicide charges. A murder conviction can have life-changing consequences, including taking away your freedom and reputation. Let us work on your case and help you fight to have the charges dismissed based on a solid defense strategy. Call us at 678-616-2647 to schedule a FREE 60-minute consultation.
