Castle/Stand your ground on your porch

[protective measures]

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.

It is pleasure to see people that invest time into understanding the law.
What you are referring to is known as the "reasonable man doctrine."
Ability, opportunity, & jeopardy must be present to justify use of deadly force.
I can't agree with all that you stated but you're on the right track to research it.


While I'm not an attorney we have had 5 different people sentenced by local judges as part of their probation to take the claaseoom part of our class where we discuss these laws thoroughly.

It is critical to learn these laws.

 

[Bulldawg165]

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.

I LOL'ed

 

[Indirect Fire]

intent to harm them emotionally or physically is enough to defend your loved ones with whatever force necessary.

I would have killed half the people I ever met..... "emotionally" WTF

Is this a quote or an assumption?

 

[protective measures]

People confuse the Castle Doctrine & Stand you Ground statutes all the time.

The court is often more understanding of use of deadly force when a person violently breaks into your home but a person still has the right to defend themselves outside of the home with deadly force if the proper conditions are present.

We cover those issues at length in classes but in addition to the codes stated previously learning the Reasonable Man doctrine along with Disparity of Force is very important.

 

[teearr]

@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.

Here's a thought. Why don't you determine whether or not the "noise" on your porch could really be defined as a disturbance and possibly intrusive to your neighbors. If you feel it was then maybe you could walk over to your neighbor's house alone and apologize. Who knows, maybe he will appreciate it, share a brew with you and then you can both make as much noise as you want until some other neighbor b****es? Ya think?

Getting all legal and defensive and expecting the worst never solved anything, even if you tone down on the noise. First rule of partying - always invite your neighbors and apologize ahead of time for any unexpected "disturbance". Just my 0.2c and trying to be constructive here - I don't have all the facts and there are sometimes more than two sides to any story. Good luck with whatever happens.

 

[Kornbread01]

Do everything possible to avoid busting a cap! That's rule #1! In some situations , the perpetrator will escalate the encounter to where brute force may be deemed all that is left. If I can retreat, I'm going to. Especially in an outdoor situation. Things change real fast when hot tempers are involved & it's always best to not get involved in a cuss fight..........................................

 

[Jump211]

Right or wrong, the cost of moving to a different neighborhood will run you a lot less than what you're gonna fork out to attorneys who will be trying to keep your butt out of the chair for shooting that dumb SOB. When the prosecutors find your posts here on the ODT they're going to say it was all premeditated and you were just looking for permission to do it.

 

[protective measures]

Do everything possible to avoid busting a cap! That's rule #1! In some situations , the perpetrator will escalate the encounter to where brute force may be deemed all that is left. If I can retreat, I'm going to. Especially in an outdoor situation. Things change real fast when hot tempers are involved & it's always best to not get involved in a cuss fight..........................................

Good advice. One who goes looking for trouble usually finds it.
De-escalating is not only a smart idea but is also what the court expect out of civilians whenever possible.

Let's not forget the case a year or so ago where the neighbor who had tired of the loud music next door took his video recorder, walked next door & loudly proclaimed, "If you come near me I will be in fear of my life & will shoot!"

Basically he ambushed his neighbor & I believe was convicted of a murder related charge to some degree.

Never underestimate the capabilities or intentions of someone else in a confrontational situation.

Always create distance from a threat.
The multiple meanings of that old Instructors saying have sunk in after years & years of training.
The best fights are the ones you avoid.

 

[FbodTrek]

Seems like there's alot of extra stipulation in CD law here. In TX, you have the right to use deadly force to stop the forcible commission of a felony, PERIOD. If someone is stealing the car out of your driveway you can legally take their life (it has happened dozens of times in Houston). We had a young girl living in some apartments in the ghetto stick a shotgun to a guys head as he was ripping out her column to steal her car. She sure made a nasty mess of that dude, no charges. We can ALSO use deadly force to protect OTHER's property, assuming the "victim" of said shoot was in he process of a felony. (the Joe Horn case was rather famous IIRC)

And to the OP:

You COULD try NOT being a Richard, and turning your music down. YOU might not find it annoying or offensive, but not EVERYBODY wants to listen to your music.

 

[shadowchaser59]

X2 on the noise what if him and his buddy's were doing the same. I chose to live in the woods to avoid what others do. I like peace and quite.

I hate hearing the thumping of young folks stereo's at traffic light's but I don't think about shooting them.