The Stand Your Ground rule was made by Georgia lawmakers to protect people and their property. 38 other states have rules that are like this one.
Georgia’s Stand Your Ground rule, O.C.G.A. § 16-3-23.1, says that
If someone threatens or uses force to protect themselves, others, their home, or other property, they do not have to run away. They can stand their ground and use force, even force that could kill.
There are a couple of takeaways from this statute:
There is no rule that says someone who is responding to a threat has to run away before using killing force. If you have the power to run away, you do not have to.
The law lets someone use dangerous force if they have a good reason to think that someone else is going to kill or seriously hurt them.
People can stand their ground to protect themselves, other people, their home, or other things they own.
Keep in mind that the Stand Your Ground rules are not meant to encourage people to take matters into their own hands. Instead, they help people who are being attacked defend themselves.
Still, you can only threaten or use force as much as you think is reasonable to stop the force being used against you.
It is best to talk to an experienced Stand Your Ground Lawyer in Georgia before you talk to the cops or say anything in public, even if you think you were right to do what you did.
Is Stand Your Ground the same as Castle Doctrine?
The castle doctrine is a well-known idea that has to do with O.C.G.A. § 16-3-23, the defense of habitation law. Basically, the law lets you stand your ground if you have a good reason to protect your castle (home).
You do not have to turn away or look for a way to do so. With “stand your ground” rules, people can legally be anywhere. This is similar to the “castle doctrine,” but it is more general.
When Using Stand Your Ground Defense, Contact Our Georgia Criminal Defense Lawyers
If you say that what you did was legal under the “stand your ground” rule, you must be able to explain why you did it. Other self-defense laws, like “stand your ground” rules, say that you have to be reasonable when you use force.
You should expect to be questioned if you say you were standing your ground. You could even be charged with murder, attack, or manslaughter.
That is why you need to hire a Georgia Stand Your Ground Attorney with a lot of experience right away.
Get in touch with us before you talk to the cops! We will keep working to show that you were acting in self-defense and that the amount of force you used was appropriate.
Contact Us Today
Our team at Lawson and Berry has been defending people accused of crimes for more than 25 years. Our lawyers have spent their whole careers guarding people, and we have helped more than 5,000 people in Georgia.
If you or someone you care about has been charged and you think the Stand Your Ground rules let you off the hook, please call our office right away. We will do everything we can to keep your rights, freedom, and future safe.