Defending yourself and your property from physical harm is a legal right that Georgia allows in certain conditions. However, not all use of force is justified.
It’s important that you understand exactly when you can and cannot use physical force to defend yourself. Below are some crucial points to remember.
When is self-defense legal?
Georgia law allows the use of force when a person reasonably believes it is necessary to protect themselves or someone else from harm. Deadly force is only allowed if there is an immediate threat of death or serious injury. However, physical force is prohibited if the person using force was the initial aggressor or provoked the attack.
The stand-your-ground law
Georgia has a stand-your-ground law, meaning there is no duty to retreat before using force in self-defense. As long as the person is lawfully present and is not engaging in illegal activity, they can stand their ground and use force to defend themselves.
Defense of property and home
The Castle Doctrine applies in Georgia, allowing homeowners to use force, including deadly force, to protect their homes from intruders. This law assumes that someone breaking into a home intends harm, giving the homeowner the right to act in self-defense. Deadly force may also be used to prevent a violent felony, such as burglary or armed robbery.
When self-defense is not justified
Self-defense is not justifiable if the person claiming it was committing a crime at the time. It is also not justified in response to mere words or a non-violent confrontation. If self-defense is used improperly, the person could face criminal charges.
If you have been charged and were only defending yourself from a legitimate threat, self-defense could be a viable option. Seeking legal guidance will help you learn more about this defense strategy.