Preventing Forcible Felony

Discussion in 'GA Laws and Politics' started by lsu_nonleg, Jun 13, 2007.

  1. lsu_nonleg

    lsu_nonleg New Member

    824
    0
    0
    O.C.G.A. § 16-3-24 gives the "forcible felony" exception if you shoot someone.

    Is there a codified definition of forcible felony that is fairly clear? I presume if someone is swinging a brick at a grandma with a cane that it would constitute a forcible felony, but I feel it's pretty much like rolling the dice after that.

    Also, if the perp lives and is not convicted of a forcible felony, does that then open the avenue to you being prosecuted?
     
  2. Rammstein

    Rammstein New Member

    5,798
    0
    0
    Someone provided a fairly comprehensive list in one of those threads....I'll look for it.
     

  3. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    I answered this recently in another topic, but I don't remember which one...

    The law is to prevent the commission of a forcible felony. I don't think you shooting and injuring before the felony was actually committed matters.

    You don't have to be raped to stop the commission of it. Shooting someone before a felony is allowed if you reasonably believe that shooting them is the only way to prevent it.

    It does not matter if later on the DA does not have enough evidence to convict/bring charges.

    Reasonable belief is much lower a bar than the DA needs to prove a case.
     
  4. Rammstein

    Rammstein New Member

    5,798
    0
    0
  5. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
  6. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    You had not posted that when I started typing... I am slow today.
     
  7. Gunstar1

    Gunstar1 Administrator

    8,460
    5
    38
    You have to have Reasonable Belief it will happen.
    DA has to prove beyond Reasonable Doubt that it was going to happen, to get a conviction.

    So no, one does not depend on the other.