The Requirements for Self Defense in Georgia
In Georgia, self-defense laws are encoded in the Official Code of Georgia Annotated (OCGA) § 16-3-20 through 16-3-25. However, the applicability of self-defense in particular circumstances or its successful use as a legal defense to charges of assault, battery, or murder have long supported judicial interpretations that have expanded, modified, reinterpreted, or limited these statutory provisions.
At the most basic level, the right of self-defense in Georgia is that it is legally permissible for people to use a reasonable degree of physical force to protect themselves from real or imminent physical harm. There are a number of statutory and common law exceptions and qualifications to this right; for example, Georgia law allows reasonable, even lethal , self-defense against attempts by others to commit every crime against the person or property.
Another Georgia statute that is sometimes used in self-defense situations is known as the "stand your ground" rule or the "no duty to retreat" rule. The rule is succinctly stated in OCGA § 16-3-23.2: "A person is justified in using force against another when and to the extent that he or she reasonably believes that such a force is necessary to prevent a violent injury or an attempted forcible felony against him or herself or a third person." In other words, if someone attacks you, you don’t have to try to retreat because, in Georgia, you are entitled to defend yourself from that attack with whatever means are necessary, including potentially deadly force if the attack threatens your life or the lives of others.
Georgia’s self-defense laws, or the common law rules interpreting their meaning, are not applicable in certain circumstances, even if people may believe them to be so. For example, emergency workers responding to calls about people who might be trying to kill or rape them have no duty to retreat or try to get away, because OCGA § 16-3-23.2 specifically excludes assault on and prosecution of police officers and other first responders from this rule.
When Self Defense is Warranted
In general terms, the law in Georgia says that a person may, with reasonable belief, use force to defend themselves, or another person, against an immediate use of unlawful force. However, not just any type of situation will qualify as "immediate" or as "unlawful." Think about it like this: If someone has a knife and is threatening to stab you, then retaliating with pepper spray probably seems like a logical, realistic option.
But if someone ever finger quotes something at you, a normal person would not automatically feel threatened and likely would not see the need for a response with any sort of weapon.
If you don’t immediately feel like you’re in danger, you probably aren’t. Because of this, the law generally considers your self defense response as excessive—even if you felt really offended by the way they were talking.
Another important factor to look out for is proportionality. Some people may think that as long as they believe the person they are up against has clear intentions to harm personally, it doesn’t matter how they choose to respond. But unfortunately for them, that may not always be true.
Many people are unsure what exactly qualifies as a proportional response. Think about it like this: When responding to someone attempting to kill you with a gun, it’s perfectly reasonable to respond with deadly force. When someone is attempting to punch you for calling her a mean name, on the other hand, most people see throwing a bag of raw shrimp on them as a bit much.
This is exactly the problem: When law enforcement officers arrive on scene, how can they reasonably tell which one was more proportional? This is why many law enforcement officers rely on the original opinion of the person against whom the alleged assault was made. However, the responder should focus on the two aforementioned legal standards to help them determine whether their actions were justifiable.
If you feel like the rules regarding self defense, and how they apply in your specific situation, are still unclear, reach out to an experienced criminal defense attorney for advice.
Georgia’s Stand Your Ground Statute
Georgia has a "Stand Your Ground" law that falls under the category of self-defense. The Georgia Code O.C.G.A., § 16-3-23.1 (a) states, "A person is justified in using force against another when and to the extent that he or she reasonably believes that such conduct is necessary to: (1) Defend himself or herself or a third person against such other person’s imminent use of unlawful force."
When applying the law to a factual scenario, self-defense is justified when:
(1) The use of force is necessary;
(2) The suspect must have been without fault in the setting of the
initial difficulty;
(3) The suspect must have reasonably believed that he or she and
others in his or her charge were in danger of receiving serious bodily
injury, and
(4) The suspect must have reasonably believed that there was no
reasonable alternative to the immediate use of force under the
circumstances.
These elements used to be considered subjective (e.g., whether the force was necessary, whether the suspect was without fault, etc.), however Georgia is now a jury question in determining these elements. Derived from two Supreme Court decisions, Wiggins v. State, 156 Ga. 357 (1916) and Bishop v. State, 268 Ga. 206 (1997), the objective test does "not allow the jury to ask whether the Defendant acted as a reasonable prudent man would have acted under the same circumstances." Instead, they can now decide based on their reason, experience, and their own judgment.
When Self Defense Does not Apply
While the Georgia law of self-defense is a powerful tool for defendants, there are important exceptions and limitations. First, even if you are not the initial aggressor, a successful self-defense claim requires that you use only reasonable force. The use of deadly force is only allowed where it is reasonable to think that death or serious bodily injury would be inflicted on you. Even where an initial aggressor is claiming self-defense in response to your attack upon him, he is limited to using only reasonable force. If he is using deadly force against you, then you did not use deadly force against him. Where both parties are guilty of mutual combat, the law does not allow either to raise a claim of self-defense. Finally, you may not claim self-defense if you are engaged in commission of a felony or unlawful act involving moral turpitude at the time of the attack.
Consequences of Raising a Self Defense Claim
When people think about the consequences of making a self-defense claim in Georgia, they typically focus on the possibility of facing criminal charges for crimes such as battery or assault arising from the incident. Someone who claims to have been acting in self-defense may still be charged with these crimes, depending on the circumstances, and the prosecution may dispute their claim and choice to use force in self-defense. In some cases, individuals who are claiming self-defense may even be charged with more serious offenses, even homicide-related charges. This is particularly true in cases where individuals conducting themselves in what they believe to be self-defense accidentally kill someone else, maybe even an innocent bystander. There have even been cases in recent memory in which claims of self-defense have been disputed and individuals have faced criminal homicide charges as a result. This is why it’s so important to maintain a careful , level head in any situation in which someone may feel threatened by others and also to speak with an experienced attorney about any criminal charges. Beyond the possible criminal charges that could be facing someone who attempts to claim self-defense, they could also face civil liability as well. While individuals cannot be convicted of a crime for claiming self-defense if the law determines that this claim is valid, the law can still determine that they are legally responsible for the other party’s injuries, even without a conviction. An attorney would be able to explain how attorneys can use police reports, statements from witnesses, medical records and other evidence to prove that there was no self-defense and hold those responsible accountable.
Examples and Case Studies
It is important to understand that even when you are exercising the right of self-defense, you do not have carte blanche to do whatever you want to an attacker. The example of self-defense case that I discuss here shows that self-defense or the claim thereof can even lead to murder charges, that although self-defense or a reasonable belief that the other person intended to do you serious bodily harm is a defense, that defense can be overcome.
In 2014, in the case of State v. Beachum, the Georgia Court of Appeals examined a circumstance dealing with self-defense. In that case, Gregory Beachum, Jr., was at home with his three children. At some point, his ex-girlfriend, who was pregnant with Beachum’s child, arrived at his home and knocked on the door. Beachum opened the door and refused to let her in. He then closed and locked the door. Beachum thought that his ex-girlfriend wanted to seek revenge against him because the children were not permitted to go to the party given for her unborn child.
Beachum had previously been told by the police that he was not to let his ex-girlfriend into his home. Beachum was aware of this order, so he sought to remain in compliance with that order when he refused to let her in. However, Beachum was also aware that his ex-girlfriend had a driveway full of men with her as she spoke to Beachum through the door. Beachum closed his eyes and shook his head (to say "no") when his ex-girlfriend tried to reach in and get him to unlock the door. She threw a rock through the window of the door, and it hit Beachum in the eye. Beachum grabbed the Glock pistol from his bedroom, and came outside. He confronted his ex-girlfriend and the men who surrounded the area. Beachum told them to get off his property, and if they did not leave, he would shoot them.
Beachum testified that he used the pistol to push his way through when the men tried to force their way in the house. When Beachum was exiting the house, he fired one shot from his pistol. The bullet struck one of the men in the group, resulting in his death. Beachum was charged with murder (among other charges).
On appeal, Beachum claimed that he acted in self-defense, and he asked the Court of Appeals of Georgia to vacate his murder conviction and grant him immunity from prosecution under Georgia’s "stand your ground" statute. That statute provides that "a person is justified in threatening or using force against another when and to the extent that the person reasonably believes that such threat or such force is necessary to prevent the imminent death of, or serious physical injury to, himself or herself or another. . . ." Beachum thus claimed that he shot the one man in the group because it was about to cause death or serious bodily injury to him.
However, the court stated that Beachum’s testimony showed that he could have but did not attempt to avoid the use of deadly force. The court determined that based on Beachum’s testimony, he could have stayed inside the house. Because Beachum had this testimony that contradicted his self-defense claim, the Court of Appeals of Georgia concluded that there was not enough evidence to warrant a finding of self-defense. The court stated that the evidence was insufficient to warrant an instruction on self-defense. Thus, the court affirmed the trial court’s holding that Beachum was guilty of murder.
The above scenario is an important study for anyone wanting to argue self-defense. It is not enough to believe that your actions taken relatively in self-defense are automatically lawful and you will not be held criminally liable. Self-defense is not a license to kill or to use deadly force just because someone is in your face or arguing with you. You must vacate or cancel your intention to kill if possible, and if the situation carries an opportunity for not shooting or using deadly force, you must take that opportunity and exercise it.
Obtaining Legal Counsel
Seeking legal advice from an attorney experienced in self-defense cases is a critical step after any incident where you have had to use force in the protection of yourself or others. Whether you are the defendant or the complainant, it is vital that you consult with a lawyer who is skilled in handling cases where the reason for the use of force was self-defense. It is not unusual for innocent victims and non-criminals to be charged with crimes after a self-defense use of force incident, and the best way to protect yourself is to hire representation who understands and has handled self-defense cases before.
Although many attorneys say they handle self-defense cases, if you speak with their clients, most will not have the experience necessary to provide you with the right legal representation . In order to find a competent and experienced self-defense lawyer, check to see if he or she is board-certified in a related field of law, such as criminal defense, or whether they have personally handled many self-defense cases. You can also check to see if your potential lawyer is a member or has been a member of the Georgia Association of Criminal Defense Lawyers (GACDL). GACDL membership is only available to those who display experience and skill in criminal law.
Finally, you should talk to the firm’s legal assistants and paralegals. Have they ever talked to anyone who was involved in a self-defense case, or have they handled the process themselves? In other words, make sure the people who are going to do the majority of the work on your case have experience in dealing with self-defense issues.