Georgia Self-Defense - Assault
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FAQ
The common law principle of ?castle doctrine? says that individuals have the right to use reasonable force, including deadly force, to protect themselves against an intruder in their home. This principle has been codified and expanded by state legislatures.
Georgia gives its citizens the right to protect their home and their property when someone is interfering with it. However, it is important to make sure that you are legally protecting your property.
The stand your ground law is a powerful tool for individuals who have to use force to protect themselves or their families. It prevents such individuals from facing jail time or fines for using force for self-defense.
Even if you have the ability to run away, you do not have to. The statute allows lethal deadly force if the person reasonably believes another person is about to kill or gravely injure him or her. A person can stand their ground in defense of themselves, others, their home, or other property.
Georgia assault laws include the offenses of both "assault" and "battery." Both crimes are broken down into two separate degrees: "simple" and "aggravated." Simple assault and battery are misdemeanor crimes. Aggravated assault and battery are felonies.
A person is justified in using force that is intended or likely to cause death or great bodily harm only if that person reasonably believes that such force is necessary to prevent death or great bodily injury to himself/herself or a third person or to prevent the commission of a forcible felony.?1.
If a person uses force to defend themselves from the perceived threat, this is considered ?imperfect self defense.? Imperfect self defense does not excuse a crime, but it can lessen the penalties. Not every state recognizes imperfect self defense for using force, and Georgia only allows it as a defense for murder.
