There is no Georgia law titled “Stand Your Ground” or “Make My Day,” but Georgia law does define when and how self-defense is justified. These laws can be unclear and are often applied unfairly by prosecutors and police officers. For this reason it is important that you contact a lawyer to discuss your specific case as soon as possible. Contact us immediately for a free consultation, and click here to remind yourself why you should talk to a lawyer before you talk to the police.
When and how can I legally use self-defense?
O.C.G.A. § 16-3-21 tells us when a threat of force, force, and even deadly force can be justified.
| Threats of Force, or Force | To the extent that you believe such act is necessary to defend yourself or another from the imminent use of unlawful force. |
| Deadly Force | To the extent that you believe such act is necessary to defend yourself or another from the imminent use of unlawful force, AND you reasonably believe such force is necessary to prevent death or great bodily injury to yourself or another. |
| Deadly Force | To the extent that you believe such act is necessary to defend yourself or another from the imminent use of unlawful force, AND to prevent the commission of a forcible felony. |
Can I use self-defense to protect someone else?
In certain circumstances, YES. You may legally threaten, or use force, to defend yourself or a third person, or use deadly force if you ALSO reasonably believe such force is necessary to prevent death or great bodily injury to yourself or another.
Can I use self-defense to protect my home?
In certain circumstances, YES. O.C.G.A. § 16-3-23 says that you are justified to threaten the use of force, or use force when you reasonably believe it is necessary to prevent or stop another’s unlawful entry, or attack on your home.
However, deadly force is NOT justified unless the circumstances involve a violent break-in, the person breaking-in is not someone who would normally enter the home, and the deadly force was the only way to prevent the person from committing a felony.
Can I use self-defense to protect my property?
In certain circumstances, YES. O.C.G.A. § 16-3-24 says the threat of force, or use of force is justified when you reasonably believe it is necessary to prevent or end a person’s trespass, or other tortious or criminal interference with real property other than your home.
However, deadly force is NOT justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
Who can’t use self defense in Georgia?
Self-Defense is NOT justified if you:
- provoke the use of force, OR
- commit, attempt to commit, or flee after committing or attempting to commit a felony, OR
- are the aggressor, or are engaged in mutual combat.
Is this a guide to legally shoot people?
ABSOLUTELY NOT. This is not a guide. This is not legal advice. The criminal court system can be complicated, and the best thing you can do is contact a lawyer to discuss your case. Our office has successfully used self-defense laws to defend people charged with serious violent felonies. If you were forced to act in self-defense, contact our office to discuss your options.