Does the law of self-defense in Georgia change based on whether you protect yourself during the day or during the night? Are there considerations between the two?
Well, thankfully the law does not change, whether it be night or day, if you have to protect yourself, your family, or someone else. In Georgia, the law is called the Defense of Self or Others, and the law allows you to protect anyone to the same degree that he or she could protect himself or herself. And that certainly includes you.
Now, according to the law you are justified in using threats of force or force when you reasonably believe that it’s necessary to protect against the imminent use of unlawful force. Your belief must be reasonable, meaning not subject to any particular personal beliefs, but based solely on the facts at hand. Would a reasonable person in your situation believe it was necessary to use threats of force or force?
For the use of deadly force, you are justified in using deadly force, that force intended or likely to cause death or great bodily harm:
1. To prevent death or great bodily injury to yourself or another person;
2. If you perceive death or great bodily injury will result if you fail to act, the law justifies your use of deadly force; or
3. To prevent the commission of a forcible felony. That’s any felony that has an element of force used against another person. Murder, rape, armed robbery, aggravated assault, kidnapping, arson, these are the types of felonies contemplated in the law that allow you to use deadly force.
Day or night, the law is on your side if you must protect yourself. And so are we.
If you have any questions, call U.S. LawShield and ask to speak to an Independent Program Attorney.