This is just a curiosity..... Does Ga have a Make My Day Law? That is, if someone breaks into your home, you can shoot them aslong as they are still in your home? I realize if they are attacking you you can shoot them as self defense.....
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GA Make My Day Law
- Thread starter darrenmd
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Georgia has the Castle Doctrine. If someone breaks (or enters uninvited) into your home, you can use deadly force without fear of prosecution. You cannot hold them at gunpoint and then later decide to shoot them, that's murder FYI.
I was unaware of the last part. I would think you could hold them at gunpoint until the cops arrive and if they make an aggressive move then you still have the right to shoot them. Either way, it's your word against a dead man's and that dead man just broke into your house so I'd think you'd be ok regardless. Still good info though, do you have a link to where that scenario is outlined in the law?
You can only use deadly Forse in three cases.
To defend your self against great bodily injury or death. To defend another against great bodily injury or death. And to prevent the commission of a forceable Felony. The castle doctrine means that you have no duty to retreat or avoid the confrontation in your home. If you are not defending yourself, another, or preventing a force able Felony you cannot use deadly force.
Use Lexus-Nexus and look at Georgia law. Do not depend on information you get on the Internet, even from me.
To defend your self against great bodily injury or death. To defend another against great bodily injury or death. And to prevent the commission of a forceable Felony. The castle doctrine means that you have no duty to retreat or avoid the confrontation in your home. If you are not defending yourself, another, or preventing a force able Felony you cannot use deadly force.
Use Lexus-Nexus and look at Georgia law. Do not depend on information you get on the Internet, even from me.
Deadly Force
There are 3 code sections that govern when lethal or deadly force may lawfully be used.
Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
There are 3 code sections that govern when lethal or deadly force may lawfully be used.
Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
This all seemed strange to me, until I found out where "stand your ground" came from.
Some states had (and some probably still have) something called a "duty to retreat." The way this was interpreted was that you would have to attempt to flee from an intruder if one entered your home. If an exit (even a 2nd story window) was available to you, the imperative was on the homeowner to jump out of it before he had any right to defend himself.
The current "stand your ground" laws many states have are the legal opposite of this. You still have to be justified in using deadly force (you will probably be going down if you shoot a guy in the back as he attempts to leave your house,) but at least in this state, we don't have a "duty to retreat" and we are not expected to crawl out a damn window like some poor residents of some states.
The way I read this, New Jersey still has a duty to retreat in place....
http://www.newjersey-legal-guide.com/New-Jersey-Self-Defense.html
You couldn't pay me enough to live in that part of the country.
Some states had (and some probably still have) something called a "duty to retreat." The way this was interpreted was that you would have to attempt to flee from an intruder if one entered your home. If an exit (even a 2nd story window) was available to you, the imperative was on the homeowner to jump out of it before he had any right to defend himself.
The current "stand your ground" laws many states have are the legal opposite of this. You still have to be justified in using deadly force (you will probably be going down if you shoot a guy in the back as he attempts to leave your house,) but at least in this state, we don't have a "duty to retreat" and we are not expected to crawl out a damn window like some poor residents of some states.
The way I read this, New Jersey still has a duty to retreat in place....
http://www.newjersey-legal-guide.com/New-Jersey-Self-Defense.html
You couldn't pay me enough to live in that part of the country.
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All really good posts, especially the one about doing your own research and never believe or rely on something someone posts on a forum.
Believe it or not, I have a good friend that mistakingly (while very drunk) entered a home that he thought was his. Unfortunately he was about 3 houses off. The homeowner (armed) showed great restraint at 4am and did not shoot. You don't HAVE to use deadly force, even if the law allows.
Believe it or not, I have a good friend that mistakingly (while very drunk) entered a home that he thought was his. Unfortunately he was about 3 houses off. The homeowner (armed) showed great restraint at 4am and did not shoot. You don't HAVE to use deadly force, even if the law allows.
As Ken Ford and others pointed out about the use of force, I shall not repeat.
But, I want to say something to the OP, just because some enters your home, you need to make sure that "You were in reasonable fear for your safety". If they entered your home without force (ie open door etc) and just walked in, they are not commiting a felony, only criminal trespass and if you touch them, you can be sued and possibly prosecuted depending on your county.
The reason I say that is because I worked a case just like that. A drunk came into the wrong apartment, which the front door was unsecured and passed out on the couch. The husband came down stairs and noticed the man passed out and as the man woke up, he was greeted by a baseball bat. The man posed no threat and due to testimony from the renter, he basically beat him because he was in his house and did not call us until he had his way. We were put in a position to contact the ADA and seek counsel as the renter did commit agg assault and the drunk committed criminal trespass, so that was a cluster.
Just be safe and use good judgement so you and your family can retain your lively hood without some sob suing you
But, I want to say something to the OP, just because some enters your home, you need to make sure that "You were in reasonable fear for your safety". If they entered your home without force (ie open door etc) and just walked in, they are not commiting a felony, only criminal trespass and if you touch them, you can be sued and possibly prosecuted depending on your county.
The reason I say that is because I worked a case just like that. A drunk came into the wrong apartment, which the front door was unsecured and passed out on the couch. The husband came down stairs and noticed the man passed out and as the man woke up, he was greeted by a baseball bat. The man posed no threat and due to testimony from the renter, he basically beat him because he was in his house and did not call us until he had his way. We were put in a position to contact the ADA and seek counsel as the renter did commit agg assault and the drunk committed criminal trespass, so that was a cluster.
Just be safe and use good judgement so you and your family can retain your lively hood without some sob suing you
