Defense Of Habitation

O.C.G.A. § 16-3-23 said:

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

Click to expand...

DeputyDawg said:

It sounds to me like the way GA law reads if an intruder breaks into your house and they are ransacking the place but they have not threatened you (maybe they don't even realize your home), you cannot use your weapon until they actually threaten to harm you. What are you supposed to do, sit there an watch them until they produce a gun. What if you come home to find an intruder in hour house and they don't have a weapon (or haven't produced one because you weren't home).
http://www.georgiapacking.org/GaCode/?title=16&chapter=3&section=23

Click to expand...

rejart said:

I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act. I personally would feel that my life was in danger and would eliminate the threat without waiting around to see if they pull a gun or other weapon. I'm not going to just retreat and the law does not require me to do so.

Also NAL so don't take this as legal advise.

Click to expand...

rejart said:

I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act. I personally would feel that my life was in danger and would eliminate the threat without waiting around to see if they pull a gun or other weapon. I'm not going to just retreat and the law does not require me to do so.

Also NAL so don't take this as legal advise.

Click to expand...

rejart said:

I think it's a perfectly reasonable assumption that anyone breaking into your home is prepared to harm anyone they come in contact with during the act.

Click to expand...

gunsmoker said:

what rejart said.....
that's what I think, too.

I suppose there might be a few rare circumstances where a burglar might not be in any position to hurt me, and then I would not shoot him just to stop the felony crime in progress or stop him from successfully escaping the scene of the crime.
But I'll bet most of the time, an intruder who commits a burglary of an occupied home IS, per se, a danger to the lives and safety of the occupants of that home.

Click to expand...

dcannon1 said:

O.C.G.A. § 16-3-23 said:

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.

Click to expand...

Click to expand...

DeputyDawg said:

dcannon1 said:

O.C.G.A. § 16-3-23 said:

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.

Click to expand...

Click to expand...

Just some food for thought: I wonder if you or I had accidently left the door unlocked and someone waltzed in or, say, you came home and they were in your house burglarizing it but the entry wasn't forced because you inadvertently left the door unlocked would you still be justified in responding with force since the entry wasn't violent or forced as stipulated in item 1 and 2.

Click to expand...

DeputyDawg said:

dcannon1 said:

O.C.G.A. § 16-3-23 said:

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.Last time I checked burglary is a felony.

Click to expand...

Click to expand...

Just some food for thought: I wonder if you or I had accidently left the door unlocked and someone waltzed in or, say, you came home and they were in your house burglarizing it but the entry wasn't forced because you inadvertently left the door unlocked would you still be justified in responding with force since the entry wasn't violent or forced as stipulated in item 1 and 2.

Click to expand...