Castle/Stand your ground on your porch

[TGM]

I have a neighbor who called law enforcement on three people on a back porch for too much noise. Law enforcement basically sent him back to his house and deemed it a civil matter. Understanding the georgia and local noise ordinance laws, I am kosher with the law. I have a reasonable fear of the man coming back upset after law enforcement did not side with him.

The question is: If this person comes back agitated and threatening, does the porch apply for castle doctrine? There is a reasonable threat of violence with this man. But a verbal threat without entering a door yet stepping up 6 stairs and in front of the door to the premises qualify?

I just want to be left alone, but to some a conversation on the back porch is too much to ask.

Please respond if you are familiar with the georgia laws or have had a similar experience. Thank you all.

 

[protective measures]

I would encourage you to do research on gacarry.org's website.... specifically under the section on the bottom of their page where it has the link to "Ga. Weapons Laws"

Pay close attention to O.C.G.A. 16-3-21 & 16-3-23

 

[Ken Ford]

You can only use deadly force to prevent death or great bodily injury. Or to prevent a Forceable Felony. That is a paraphrase, read up on the law. Castle Doctrine does not mean you can use deadly force for a fist fight, anywhere. The way you ask this question makes me think you have some misconception of "Castle Doctrine"Read the law or hire an attorney to tell you,

 

[Laxguy59]

IANAL: anything is legal if you first yell, "HES/IT'S COMING RIGHT FOR ME!"

 

[TGM]

@Ken Ford I am confused with what defines castle doctrine. Does that start with someone threatening and passing property lines or once someone breaks in? The point of this post is to get an answer of what to do if this psycho I am blessed to live nearby threatens my family or I. Do we hide in a bathroom? Take a stand? The last thing I want to do is use a weapon. I've drawn my weapon on two different occasions, I do not want to use deadly force. But we have tried to reconcile with this neighbor for years and law enforcement has been on our side every time. After speaking to an officer this morning, it might be time for a peace bond or restraining order on this person. I am seriously concerned for the safety of my family. Thats why I ask for some simplificaiton on the state laws. @protective measures thank you for the reading material.

 

[TGM]

16-3-23 really explains it the best to me. someone correct me, but I am going to assume this means if a person enters the residence (through an entry point, into the house/castle) then there must be proof beyond a reasonable doubt that the person is going to cause harm for my family, a third party, or myself, aka forcible felony. Thus, the porch might as well be public property.

The key debate I see is about the entry. Stepping onto someone's property with intent to harm them emotionally or physically is enough to defend your loved ones with whatever force necessary. The other side is that someone must physically breach an entrance into a property to be a legitimate threat.
Does that sound correct? still confused on all the terms. thank yall for the quick responses

 

[camramrod87]

Host a Odt cookout! Problem solved

 

[spencer60]

I thought GA law had something about a 'tumultuous entry', or am I thinking about someplace else?

Anyways, Self defense law is pretty much the same inside and outside your house. You must be in reasonable fear of death or grave bodily injury, and the attacker must have the Ability and Opportunity to place your life in Jeopardy.

Castle law is sort of a shortcut for some of that. It basically says that a violent entry into a dwelling is enough to prove Jeopardy and Opportunity. After all, they are in your home with you (Opportunity) and their violent entry indicates violent intent (Jeopardy).

Of course Ability still comes into play. If you are a 250lb linebacker, and your neighbors 12 year-old daughter kicks in your screen door because you didn't pay for your Girl Scout cookies, you're going to spend a long time behind bars if you shoot her.

Once you are outside your dwelling though, the 'leg up' in proving self-defense castle doctrine gives you goes away. Sort of. Maybe.

After all, someone simply walking up your driveway is hardly a violent entry. Standing on a open porch would be the same. But say it was a screened-in porch and they kicked in the door?

That's why good defense lawyers get paid so much. I'm not one so don't take any of this as anything more than me thinking out loud though.

 

[jaybees]

Just drag him inside after you choot him. Lol.

 

[TGM]

@spencer60 that makes sense. No screen door on the house, just fyi. and that bug that lives next door is about 5'11" 195-210. I'm 6'2" and 255. Might be close enough.

Either way it might be time to call the in laws, dad is a highly successful defense attorney. I will post on here and give y'all updates from an attorney's perspective.