Stand Your Ground Law in Georgia. To safeguard residents and their property, Georgia lawmakers passed the Stand Your Ground statute. Similar laws are in place in 38 additional states.
O.C.G.A. Section 16-3-23.1, Georgia’s Stand Your Ground law, states
The right to stand one’s ground and use force, even lethal force, is unalienable for anybody who threatens or uses force in defense of oneself, others, their home, or other property.
Two conclusions can be drawn from this statute:
- It is not necessary for the person responding to a perceived threat to flee before using lethal force. You are not required to flee, even if you are capable of doing so.
- According to the statute, a person may use fatal force if they have a reasonable fear that someone else would kill them or seriously hurt them.
- When someone is defending themselves, other people, their house, or other property, they can stand their ground.
Please be aware that taking matters into your own hands is not encouraged by the Stand Your Ground guidelines. Rather, they offer protection to individuals who are being attacked. You are still only allowed to threaten or use force as much as you think is reasonably required to prevent the force from being used against you. Before speaking to the police or making any public statements, it is best to consult with a knowledgeable Georgia stand-your-ground lawyer, even if you think your actions were lawful.
Is Stand Your Ground the same as Castle Doctrine?
One well-known idea related to the defense of habitation statute, O.C.G.A. § 16-3-23, is castle theory. In other words, the law permits you to protect your home or castle if you have good reason to do so. You are not required to withdraw or look for a way to withdraw. The castle theory is essentially expanded by the stand your ground laws to cover any location where an individual may lawfully be.
When Using Stand Your Ground Defense, Contact Our Georgia Criminal Defense Lawyers
You must provide justification for your actions before claiming that they violate the stand your ground law. You must use force in a reasonable way in order to comply with stand your ground legislation and other self-defense statutes. Be ready to be questioned if you say you were defending yourself. You can even face charges of manslaughter, murder, or assault. Hiring a skilled Georgia stand-your-ground lawyer is so essential. Get in touch with us before interacting with the police! We will make every effort to prove that you acted in self-defense and that the force you employed was appropriate.
Contact Us Today
We at Lawson and Berry have been practicing criminal defense for more than 25 years. Over 5,000 clients in Georgia have been represented by our legal staff, who have devoted their lives to safeguarding individuals. Get in touch with our office right away if you or a loved one has been charged and you think the Stand Your Ground laws justified your actions. We’ll put in endless effort to safeguard your freedom, rights, and future.
