The legal threshold is a bit higher than "reasonable fear". The elements of law are:
- Reasonable person
- Imminent Danger
- Great Bodily Harm
- Necessary
And the last one is a big grey area.
Yep. Zimmerman's bill was over $1MM and he "won". Even having on on retainer "just in case" they decide to prosecute will cost you a bundle.
Here is what the law says:
O.C.G.A. § 16-3-24 - Use of force in defense of property other than a habitation
(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property other than a habitation or personal property is not justified unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.
So, what is a forcible felony?
O.C.G.A. § 16-1-3 - Definitions
(6) "Forcible felony" means any felony which involves the use or threat of physical force or violence against any person.
So, could you use deadly force to
prevent the robbery? Yes. Could you use deadly force to stop him from leaving? Not so clear. If he is leaving, you are preventing a felony (auto theft) but are you
preventing a felony
"which involves the use or threat of physical force". I think there is a very good case to be made that the "forcible" part has passed and it is now simply a felony. And Georgia does not permit you to shoot fleeing felons or to protect property.
IIRC, There was a case very much like this recently here in Atlanta and the shooter was charged.