Understanding Georgia’s Stand Your Ground Law

Understanding the Georgia Stand Your Ground law is critical for citizens who might find themselves confronted by a violent assailant. In some ways, Georgia’s law is no different than the law on self-defense in other states. Self-defense laws in Georgia allow individuals to use force to defend themselves or others, including the defense of property. However, Georgia’s Stand Your Ground law revises the previous duty to retreat.

Stand your ground laws are controversial, and anyone who practices self-defense could find themselves questioned by police. Call Moffitt Law, LLC, to speak with a criminal defense attorney. Our firm has defended people accused of battery when they were trying to defend themselves or protect someone else.

Overview of Self-Defense Laws in Georgia

Georgia’s self-defense laws begin with O.C.G.A. § 16-3-21, which identifies the situations where a person can use force in defense of themselves or other people.

Under the law, a person can only use force if they reasonably believe it necessary against an imminent attack. The word “reasonable” is doing a lot of work here. Essentially, other reasonable people would have to interpret the situation as requiring the use of force in self-defense. If someone accidentally bumps into you on the elevator, you can’t start punching them, because that is not reasonable.

If you use significant force intended to cause serious injuries or death, then you must reasonably believe that you faced great bodily injury or death yourself (or that a third person did).

What if you are defending your home or other property? The laws are similar. You must have a reasonable belief that force is necessary before you use it to defend your home or property. However, the laws are much narrower about when you can use significant force to cause bodily injury or death.

When You Have No Right to Use Force in Self-Defense

There are a few situations where you cannot use force:

• You initially provoked the force against you as a pretext to hurt your assailant;
• You were committing or trying to flee from a felony; or
• You were the aggressor in the situation unless you withdrew from the fight and communicated your intent to withdraw.

Suppose you start a bar fight, and the person you punch decides to punch you back. You cannot use this as an excuse to pull out a gun and attack them.

No Duty to Retreat

Historically, self-defense law required that a person retreat if it was safe to do so. You could not use force to defend yourself if you could safely run away instead.

The Stand Your Ground law in Georgia dispenses with this obligation (O.C.G.A. § 16-3-23.1). It states that someone who uses force to defend themselves, other people, a home, or property has no duty to retreat. Instead, they can stand their ground and use force, including deadly force.

Georgia’s Stand Your Ground law works in tandem with other self-defense laws. You still must have a reasonable belief that force is necessary. The only change is that you do not have a duty to retreat.

The Stand Your Ground law is not a license to attack other people or pull out a gun unprovoked. If you do that, then you can easily expect criminal charges to be brought against you, and arguing self-defense is a non-starter.

Can You Claim Self-Defense?

This is an important question, especially if the police are investigating a violent incident. Anyone facing possible charges should reach out to an attorney to discuss whether they had the right to use force to defend themselves.

Sometimes the facts are not clear, or other witnesses claim you were not threatened when you felt you were. Our firm can find evidence to use in building up a defense. For example, a witness might not have seen the knife your assailant pulled out, but the police found it at the scene.

Ideally, you will not give any statements to the police without a lawyer present. Some people accidentally say something they regret, or the police twist a suspect’s words. Let us advise you about what questions to answer and when to remain silent.

Contact Moffitt Law Today to Speak with a Lawyer

Our firm is available to speak with anyone facing possible criminal charges in a private consultation. If you used self-defense, then you should not face criminal charges for legitimately protecting yourself, your home, or someone else. Call us or reach out online to schedule a time. Moffitt Law has provided defense for years to people facing harsh penalties for violent felonies.