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Smith Welch Webb & White Blog

Monday, July 6, 2015

Self Defense and the Law in Georgia

“Stand your ground” is a simple concept that has existed in the state of Georgia for over 100 years. In short, stand your ground laws allow for deadly force in some circumstances, such as in self-defense.

However, when stand your ground laws are used as a self-defense claim in court, it can quickly become a very complicated aspect of law. Using stand your ground defense to justify a homicide in Georgia means justifying the need to protect victims of a potentially deadly crime. Stand your ground laws have come under fire in the media during high profile cases, such as the death of Florida teenager Trayvon Martin in 2012, cases in Georgia such as Lona Scott acquitted for the shooting of her estranged husband in 2010 and the current case of a 15-year old boy in Locust, Grove defending his sister.

Georgia officially adopted a “stand your ground law” in 2006, expanding upon the self-defense rights the courts have upheld for years. These laws give Georgia residents the right to literally stand their ground instead of retreating in the face of imminent danger. Georgia's Supreme Court has written there is no requirement that a victim of an attack first try to escape before using deadly force to stop an aggressor, in comparison to other states without stand your ground laws, the victim is required to retreat and resort to force only as a last resort.

Stand your ground law is not limited to your home – Georgia residents are legally permitted to use self-defense when away from their property. If you have acted in self-defense and need an experienced criminal law attorney to help uphold your legal rights, contact Christopher Chapman today at cchapman@smithwelchlaw.com or call 770-389-4864.

 

 

Any representations regarding the law in this Blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.


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