Haha right?
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Man on your property
- Thread starter zracin
- Start date
This wont be popular.....but....
Saying you would have shot the guy for the actions described is scary. Your on your porch in a semi-urban area. People walk around at all hours.
How do you know he didnt have a mental illness? How do you know he just wasnt some guy who drank too much and thought he was on his way home (but to the wrong house)?
He said nothing, did nothing but walk onto your property, and continue towards the front of your house, you dont kill a man for that.
The actions taken by the OP were good and kept anything from getting worse. Learn to communicate better or go take some self defense classes if you really think this empty handed man is making you "afraid for your life".
The reality is that if you would have killed that man (for the reasons described) you would be in a courtroom/media/and financial WRECK for years to come......all because of that one single action.
If I squeeze that trigger, something terrible is happening, and this case does not equal lethal force.
Saying you would have shot the guy for the actions described is scary. Your on your porch in a semi-urban area. People walk around at all hours.
How do you know he didnt have a mental illness? How do you know he just wasnt some guy who drank too much and thought he was on his way home (but to the wrong house)?
He said nothing, did nothing but walk onto your property, and continue towards the front of your house, you dont kill a man for that.
The actions taken by the OP were good and kept anything from getting worse. Learn to communicate better or go take some self defense classes if you really think this empty handed man is making you "afraid for your life".
The reality is that if you would have killed that man (for the reasons described) you would be in a courtroom/media/and financial WRECK for years to come......all because of that one single action.
If I squeeze that trigger, something terrible is happening, and this case does not equal lethal force.
To the point of making "the law look ridiculous", that is a very real peril. We had a case in Florida within the last two or three years where both sets of perps in a gang-related parking lot shootout used SYG to avoid criminal charges, and were successful. This was your typical 200 people in a parking lot party at the closed Circle-K, 3 AM, bad side of town event: "You lookin' at me?", "Yeah, what of it", "FU", "FU back" *bang, bang, bang, bang...*
One of the perps was killed if I recall correctly, and several folks involved in the shooting were hit. The local NRA folks think the State Attorney allowed them to be successful on the SYG claims because he hates SYG. I know the State Attorney, and find that a very plausible theory. It is a perfect case to impugn SYG from his vantage-point, because the stark reality that it is nearly impossible to get any reliable witnesses from a crowd like that, particularly when there are no innocent victims and the only firearm recovered belonged to the dead guy. A forensics nightmare.
Weapons Related Georgia Code
Found In LexisNexis by searching for "51-11-9" or in the TOC under:
Title 51 - TORTS
Chapter 11 - DEFENSES TO TORT ACTIONS
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
HISTORY: Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.
http://www.georgiapacking.org/GaCode/?title=51&chapter=11§ion=9
Found In LexisNexis by searching for "51-11-9" or in the TOC under:
Title 51 - TORTS
Chapter 11 - DEFENSES TO TORT ACTIONS
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 51-11-9
Immunity from civil liability for threat or use of force in defense of habitation
A person who is justified in threatening or using force against another under the provisions of Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat from the use of such force and shall not be held liable to the person against whom the use of force was justified or to any person acting as an accomplice or assistant to such person in any civil action brought as a result of the threat or use of such force.
HISTORY: Code 1981, § 51-11-9, enacted by Ga. L. 1986, p. 515, § 1; Ga. L. 2006, p. 477, § 3/SB 396.
http://www.georgiapacking.org/GaCode/?title=51&chapter=11§ion=9
Weapons Related Georgia Code
Found In LexisNexis by searching for "16-3-24.2" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 16-3-24.2
Immunity from prosecution; exception
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.
HISTORY: Code 1981, § 16-3-24.2, enacted by Ga. L. 1998, p. 1153, § 1.2; Ga. L. 1999, p. 81, § 16; Ga. L. 2006, p. 477, § 2/SB 396.
Found In LexisNexis by searching for "16-3-24.2" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 16-3-24.2
Immunity from prosecution; exception
A person who uses threats or force in accordance with Code Section 16-3-21, 16-3-23, 16-3-23.1, or 16-3-24 shall be immune from criminal prosecution therefor unless in the use of deadly force, such person utilizes a weapon the carrying or possession of which is unlawful by such person under Part 2 or 3 of Article 4 of Chapter 11 of this title.
HISTORY: Code 1981, § 16-3-24.2, enacted by Ga. L. 1998, p. 1153, § 1.2; Ga. L. 1999, p. 81, § 16; Ga. L. 2006, p. 477, § 2/SB 396.
Weapons Related Georgia Code
Found In LexisNexis by searching for "16-3-23.1" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.
HISTORY: Code 1981, § 16-3-23.1, enacted by Ga. L. 2006, p. 477, § 1/SB 396.
http://www.georgiapacking.org/GaCode/?title=16&chapter=3§ion=23.1
Found In LexisNexis by searching for "16-3-23.1" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.
HISTORY: Code 1981, § 16-3-23.1, enacted by Ga. L. 2006, p. 477, § 1/SB 396.
http://www.georgiapacking.org/GaCode/?title=16&chapter=3§ion=23.1
Weapons Related Georgia Code
Found In LexisNexis by searching for "16-3-21" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
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.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.
HISTORY: Laws 1833, Cobb's 1851 Digest, p. 785; Code 1863, § 4230; Code 1868, § 4267; Code 1873, § 4333; Code 1882, § 4333; Penal Code 1895, § 73; Penal Code 1910, § 73; Code 1933, § 26-1014; Code 1933, § 26-902, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1975, p. 1209, § 1; Ga. L. 1993, p. 1716, § 2; Ga. L. 2001, p. 1247, § 1.
Found In LexisNexis by searching for "16-3-21" or in the TOC under:
Title 16 - CRIMES AND OFFENSES
Chapter 3 - DEFENSES TO CRIMINAL PROSECUTIONS
Article 2 - JUSTIFICATION AND EXCUSE
The code sections are all Copyright © 2012 by The State of Georgia
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.
(b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
(1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
(2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
(3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
(c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
(d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant's reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
(1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
(2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert's opinion.
HISTORY: Laws 1833, Cobb's 1851 Digest, p. 785; Code 1863, § 4230; Code 1868, § 4267; Code 1873, § 4333; Code 1882, § 4333; Penal Code 1895, § 73; Penal Code 1910, § 73; Code 1933, § 26-1014; Code 1933, § 26-902, enacted by Ga. L. 1968, p. 1249, § 1; Ga. L. 1975, p. 1209, § 1; Ga. L. 1993, p. 1716, § 2; Ga. L. 2001, p. 1247, § 1.
Hey tmoore's on a role! 
Just a small question, suppose the man is Deaf and drinking and really doesn't know where he is. He's seeking help and can't hear you yelling "stop" or "what do you want", and he continues to advance on you and then you pull your weapon, shoot and kill him because he never saw you as a threat. I work with Deaf people a lot and some have no concept of social cues or what a menacing expression is.
