Yes GA has Castle Doctrine.
GA Law and the Castle Doctrine
The Gainesville Times has record of a home-invasion in West Hall County. There is a section for comments at the end of the article. One respondent says the DA office told him that home-owners cannot defend themselves, under GA law, unless they are attacked first. Am I correct is thinking that the DA office is incorrect and that GA law allows the home-owner to defend themselves without being a victim first?
Does GA not have a Castle Doctrine, whereas the home-owner can protect self and family without first being a victim?
Does GA not have a Castle Doctrine, whereas the home-owner can protect self and family without first being a victim?
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The general rule is that you have to fear for your safety (or the safety of a third party) to use deadly force.
If somebody does a home invasion robbery on an occupied home, it is totally reasonable to believe that the robbers present a clear and present danger to the lawful occupants. You have a green light to hose 'em down with buckshot.
But what if you are out mowing your lawn 50 meters from your house, your M4 short barreled carbine slung over your shoulder, and your house is empty. You're the only one home, and you're not in the house. You see a couple of hoodlums, total strangers to you, break out one of your windows and start climbing-in.
Can you unsling your carbine and put the red dot on his back and end this burglary (a serious felony) with a bullet?
Even if #3 in the law quoted above seems to indicate so, I would not do it. Too much risk of being prosecuted and having to spend tens of thousands of dollars defending yourself.
If somebody does a home invasion robbery on an occupied home, it is totally reasonable to believe that the robbers present a clear and present danger to the lawful occupants. You have a green light to hose 'em down with buckshot.
But what if you are out mowing your lawn 50 meters from your house, your M4 short barreled carbine slung over your shoulder, and your house is empty. You're the only one home, and you're not in the house. You see a couple of hoodlums, total strangers to you, break out one of your windows and start climbing-in.
Can you unsling your carbine and put the red dot on his back and end this burglary (a serious felony) with a bullet?
Even if #3 in the law quoted above seems to indicate so, I would not do it. Too much risk of being prosecuted and having to spend tens of thousands of dollars defending yourself.
Thank you for the Code. I will pass this on to the contributor in the Times.Malum Prohibitum said:http://www.georgiapacking.org/GaCode/?title=16&chapter=3§ion=23
I work in Gainesville, and read the headline yesterday,
http://www.gainesvilletimes.com/section ... cle/42415/
If they break in my home, they would not have been arrested, they would be buried.
http://www.gainesvilletimes.com/section ... cle/42415/
If they break in my home, they would not have been arrested, they would be buried.
Amen...yxhpxfw said:I work in Gainesville, and read the headline yesterday,
http://www.gainesvilletimes.com/section ... cle/42415/
If they break in my home, they would not have been arrested, they would be buried.
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