Defend your life in your home, go to jail?

[cdb400]

My mom was out visiting with my uncle in AZ. He's telling her that if someone breaks into her home looking to do her harm and she defends herself killing the person, the cops will still take her to jail. I assume he means for the night until things get sorted, but it seems to have scared my mom into maybe 2nd guessing herself if the scenario presented itself. She is widowed and lives by herself in north GA. I don't want her to hesitate and/or wait for the cops. She, of course, doesn't want to spend any time in jail. Can anyone speak to this?

 

[Sugmadic]

Anyone that breaks into her or anothers home planning on doing harm in GA is giving up their right to breathe

 

[Badger]

https://codes.findlaw.com/ga/title-16-crimes-and-offenses/ga-code-sect-16-3-21.html

 

[gh1950]

Can anyone speak to this?

Don't live or die from the advice you get from an uncle who lives in Ariz,

 

[Sneakypete]

Don't love or die from the advice you get from an uncle who lives in Ariz,

My thoughts exactly

 

[GAgunLAWbooklet]

If it looks like a legally justified use of deadly force, and she tells the cops what happened, odds are very low (close to zero) that she would be arrested.

If she “lawyers up” from the start and cops arrive to find a dead man in her home and her gun with a few rounds freshly fired, but she won’t talk about it, she very well could be arrested for murder and held without bond until she gets a lawyer who moves for a bond hearing in Superior Court.

 

[GAgunLAWbooklet]

But, EVEN IF it were true that cops always arrest everybody who kills an intruder in their homes, is that REALLY going to stop you from defending your home and family and self?
If you think a robber is likely to kidnap, rape, or kill you (and I think you can assume all burglars who break into occupied homes are ready to kill you), isn’t putting a bullet in them and then spending a few days in jail better than letting the intruder have his way with you?

 

[Spiderman11]

Your uncle doesn’t sound very bright - I mean the guy that shot the robber at family dollar didn’t even go to jail ..... maybe you should show him that story.

 

[aFarewellToKings]

Did your uncle move to AZ from L.A., Chi, or NYC?

 

[sambo77]

Lots of variables can play into it. But yes in some cases a person can be detained still in a clean cut shoot. I'd still take a night sitting in jail than a morgue.