“Stand Your Ground”: Guide to Understanding Georgia Self-Defense Laws

“Stand Your Ground”: Guide to Understanding Georgia Self-Defense Laws

Facing criminal charges for violent crimes can be terrifying due to the stigma against these crimes in the legal system. Many seasoned prosecutors take pride in harshly prosecuting alleged perpetrators of homicide or assault. However, this can lead to innocent individuals receiving harsh sentencing that they did not deserve.

If you or a loved one was attacked and acted in self-defense, you may be able to avoid a criminal conviction through Georgia’s self-defense laws. According to Georgia statutes, a person under attack is not required to retreat. Instead, they must decide whether using force is necessary and apply the minimum amount of force to protect themselves, others, and their property. Unfortunately, this can lead to the other person’s death and may incur a criminal investigation against the victim who was attacked.

At our criminal defense law firm, we believe anyone who acts in self-defense deserves excellent representation to ensure they don’t suffer a wrongful criminal conviction. Contact our law firm right away to learn more about how we can help you with your criminal defense. Our team of attorneys is happy to meet with you in a free 60-minute consultation where we can discuss defense strategies for your unique case. Call 678-616-2647 to schedule your free consultation.

What Are Georgia’s Self-Defense Laws?

Self-defense laws vary depending on your location. In Georgia, law enforcement does not expect you to run and hide when you or your family is under attack. The law permits you to stand your ground and protect your property and your loved ones, even if that means using deadly force.

Stand Your Ground Laws

Stand your ground rules in Georgia refer to the person’s duty when they or someone else is attacked. This law states that it is not the person’s duty to flee, but they may stand their ground and use force to defend themselves, another person, or their property. While this defense does not apply if the person was the aggressor or invited the attack, it can be an effective strategy to avoid conviction when you were defending yourself and the other person was seriously injured or died.

Castle Doctrine

The Castle Doctrine refers to your right to protect your “castle” or home. This includes renters or anyone living somewhere temporarily. In some cases, these laws also protect individuals in their vehicles. Individuals who are under attack should use good judgment regarding whether fighting back or fleeing is the best choice. If they choose to fight and cause someone else’s death through the use of appropriate force, they may be exempt from prosecution for homicide charges. The Castle Doctrine does not protect home invaders.

When Do Self-Defense Laws Not Apply?

Understanding what scenarios may not apply when discussing self-defense laws in Georgia is essential. For example, home invaders who face assault or accidentally harm someone will not be eligible for protection under this law. In fact, anyone engaged in an illegal activity nullifies their right to stand their ground when attacked. Furthermore, someone may not rely on self-defense to escape criminal charges if they were the initial aggressor.

Understandably, this law has been the source of much debate in Georgia, and determining who was the aggressor and who could claim self-defense can be very tricky. The best course to follow is often to discuss your unique circumstances with a trusted self-defense attorney like those at our law firm. We will investigate thoroughly to gather evidence that shows you acted in self-defense and that you should not be convicted for defending yourself or another person.

What Penalties Could Come with a Homicide Conviction?

As one of the most serious crimes a person can commit, homicide comes with some devastating penalties. These include life imprisonment without parole and the death penalty. Some lesser sentencing, such as up to ten years in prison, could result if you committed manslaughter, which is killing in a rage of passion or accidentally causing someone’s death due to reckless behavior.
While self-defense actions do not merit criminal charges, some people try to use these arguments to avoid a conviction after committing a murder. It is up to your defense lawyer to adequately prove that you are not guilty of homicide and that you were acting in self-defense. Call our law office right away for help demonstrating that your actions were not criminal in nature.

What Should I Do If I’ve Been Charged with Homicide?

Having to use violence to defend yourself can be terrifying. It doesn’t help matters when police officers start interrogating you as if you’ve done something wrong. At these critical moments, it is essential to remain calm and cooperative. You should also remember that you are not legally obligated to answer any questions without first consulting with your defense attorney.

Calling a criminal defense lawyer does not mean you are guilty. Your attorney can help you answer police officers’ questions in a way that does not accidentally incriminate yourself. They will gather evidence at the scene of the crime, eyewitness accounts, and police reports to prove your story correct. They will also offer aggressive representation before a judge and jury to help you avoid a conviction.

Please don’t take any risks with so much at stake. Call our legal team now to schedule a free consultation with our dedicated self-defense lawyers.

Should You Hire Our Georgia Self-Defense Attorneys?

Hearing that you or your loved one has been charged with a violent crime may leave you confused and worried about what the future may bring. However, you don’t have to go through this challenging experience alone. You can rely on the dedication, compassion, and honesty of our team of criminal defense lawyers.

We have decades of combined experience fighting unfair criminal charges, and we will put that knowledge to work as we fight aggressively for your best interests in your self-defense case. We use our skills to quickly identify the cause of the person’s death and build a defense that gets you the minimum sentencing possible. If you were acting in self-defense, we can help prove that you are innocent and were merely a victim of the other person’s attack.

Please remember that in Georgia, individuals have the right to defend themselves, their homes, and other people around them in case of an attack. You can trust our law firm to back you up and represent you honestly and confidently in and out of the courtroom. Unlike some other defense lawyers out there, our lead attorneys are not afraid of a fight. We have experienced all levels of criminal charges and are prepared to handle your case, no matter how complex it may seem.

Call us today at 678-616-2647 to discuss the unique details of your case and see how we can help. We offer a free 60-minute consultation, so you have nothing to lose by reaching out to our confident, compassionate legal team today!