Legal stance on defending with deadly force...
- Thread starter No2sc2
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"My client was in fear for his life as he saw his child's beloved pet being viciously murdered. Assuming he was next, he protected himself."
Let an attorney do the talking.
If someone shoots or stabs or bludgens your dog whos next? I love my dog more than most people if someone killed maimed or attacked my dog i dont think it is much of a strech to convince the police you feared for your life unless you were not around when it happened.
That`s a different scenario.Georgia has castle doctrine.If the perpetrator is in your house,you may use deadly force,as when you attempt to stop this in-home burglary,you should assume your life or the lives of the occupants are in danger.I assume that the intent of this thread is for someone trying to shoot a pet in your or their property outside of a house.
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It is very bizarre and very disturbing. I'm not so sure the "All dogs go to heaven" nonsense didn't send it into hyper drive. We love dogs. Have our 4th and 5th we've rescued and they get better care than some people give their own children but they are DOGS. They are not people. Should someone hurt them, they will pay and I may have evil thoughts about what should happen to people that abuse animals, but God help ME if I ever take another human life over an animal's.
On the other point, if a person breaks into my home, I am shooting to kill period. I can not comprehend the mindset of anyone that would break into another person's home so I will absolutely assume they are insane and capable of anything. Saying I will be in fear for my life won't be a fabrication either. I will KNOW they are crazy and they will have picked the wrong house to have their final act of lunacy.
Killing is not the goal. Stopping is the goal. Killing may or may not be a side effect of that.
You can take whatever stance you want and defend your animal how you want to, but in Georgia, a first offense of killing an animal is not considered a felony. If it were, according to the way I read the gun laws on GaCarry and others, you are within your rights to disable a criminal who is going to commit, currently committing, or who has just committed a felony. This issue was even cleared by a judge, that if an LEO was illegally entering your home or vehicle, it would be a felony, and you would be within your rights to use deadly force if necessary.
http://www.animallaw.info/statutes/stusgast16_12_4.htm
http://www.gacarry.org/cms/ga-code-detail/?title=16&chapter=3§ion=21
O.C.G.A.§ 16-3-21
Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution
(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm 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.
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony;
http://www.animallaw.info/statutes/stusgast16_12_4.htm
http://www.gacarry.org/cms/ga-code-detail/?title=16&chapter=3§ion=21
O.C.G.A.§ 16-3-21
Use of force in defense of self or others; evidence of belief that force was necessary in murder or manslaughter prosecution
(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm 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.
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony;
Amen, brother. I was raised on a farm in the great State of Texas and an animal is just that, an animal. People have lost their damn minds these days thinking a dog or cat is as valuable as a person. Late-term abortion is legal, practiced today, and funded by the government through Planned Parenthood and as well happens to be a human being with a soul, but people care about a stupid ass dog. Give me a break. I had a girlfriend tell me her dog was going to heaven with her and believed it thoroughly after discussions, I kindly said enjoyed the booty, I'm out weirdo.
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