Do You Understand the True Nature of Defending Your Home in Georgia?

legal scales of justice

Disclaimer: Our readers should keep in mind that we are not lawyers. What we write here is legal information, and should not be confused with legal advice. In order for this information to be legal advice, the information would need to come from a lawyer who was a member of the bar in the state whose laws were being discussed. Money would need to change hands between you and that lawyer, and a specific question about the law would need to be asked and answered.

We want to help you understand the true nature of self defense law in the State of Georgia if you must defend your home. Please note: many of these principles apply in most states, but always check the laws in your state before defending yourself.

Many people foolishly believe that if someone attacks them on the street or in their home and they use potentially lethal force  in defense of self or others and the attacker perishes, you are going to be good to go criminally as well as civilly. That is not necessarily true. In the State of Georgia, as in most States, the use of potentially deadly force, particularly when the confrontation turns from potentially deadly to lethal, is taken very seriously. A quick glance at the Ga statute that covers self-defense should give you an idea of just how seriously the taking of a human life is treated.

By Georgia

Article 2-Justification and excuse

16-3-2-Use of force in defense of self or other:

Evidence of belief that force was necessary in murder

Or manslaughter prosecution

Since the terms murder and manslaughter are used to describe the crime, a person claiming self defense may be charged with these offenses. Also, since the terms justification and excuse are used, it becomes clear that in the eyes of the law, any killing is looked on as murder or manslaughter. It is the responsibility of the defendant and his/her lawyer to show that there was a legally justifiable excuse for that killing.

Let’s look at a situation that is probably the easiest type of self-defense killing to justify. You are at home, and a violent felon breaks in. You call 911 and report the break in. Before the police arrive, you come face to face with the attacker. You deploy your defensive weapon (gun, knife, baseball bat, frying pan etc.) and you have a physical confrontation with that intruder. The intruder passes away from his or her injuries. What can you expect now? If your answer is the keys to the city or a ticker tape parade, then you clearly do not understand your legal situation. In this unfortunate circumstance, you will be looked at very carefully to try to determine if there are any connections between you and the person that perished. They will look for any reason that you may have lured this person into your home in order to murder him or her using a self-defense claim as your alibi.

Your whole life may be turned upside down. Your private life may be fully investigated. Your home will be searched, and your office may be searched. Your guns may be confiscated, and your friends will likely be interviewed to see just what kind of a person you are. How aggressively the police will pursue someone claiming self-defense in an in-home self-defense situation that turns lethal depends on a lot of factors.

1. How suspicious do the investigators feel the circumstances surrounding the situation are?

2. Are you connected to the decedent. If so, was there a conflict between you and that person?

3. Are there financial or other connections between you that could be a motive?

4. Did anything come out in the conversation/interrogation that made you look suspicious?

5. What is the political climate in your town, and what is the attitude of the city, town or county District Attorney toward citizens who defend themselves with deadly force?

Keep in mind, the number of people who legally defend themselves from an attack using deadly force and end up talking themselves into a penitentiary cell is significant.

By law the police can lie to you about the case if they suspect you, but it is a crime to lie to them. Anything you say during this period can be used against you in a court of law. Remember, we do not have a justice system in this country, we have a legal system. Do not think for one second that just because you did nothing illegal that you are good to go. We pray this never happens, but if it does, you will need to take advantage of every protection that the law allows, and that WILL NOT HAPPEN unless you are represented by a competent criminal defense attorney. If you think a public defender will keep you out of prison just because you did nothing illegal, then you are as misguided as the guy who expects the keys to the city and the ticker tape parade. If you have the wherewithal to have a highly competent criminal attorney on retainer, that’s great, but keep in mind the average cost of a legal defense in a murder or manslaughter case can be upwards of 2 million dollars. That does not even cover the civil case that is sure to follow.  

The solution: There are a number of reputable companies who provide legal defense coverage to protect you from financial loss from a criminal defense. Some of these companies also provide protection for the cost associated with a civil suit. These policies vary significantly in cost and coverage, but in any case, they are far less costly than what your legal fees would be without the coverage.

Emmaus Defense recommends Right to Bear, (use promo code ESD for the Emmaus

discount) which is a wholly owned subsidiary of Palmetto State Armory. We believe that they are the most cost-effective best coverage available, and all for less than price of our cell phone insurance. Talk to us if you are interested in this coverage, or click the link provided. Feel free to call us if you would like specifics as to why we recommend this coverage over the coverage provided by other companies. However, if you don’t want to acquire it from Right to Bear, get it from someone. Your freedom and financial survival are too important to risk.