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Self Defense Law Question

Unload till dead.
Don’t have to worry about the what to do next.

I recon......Call the ambulance ....and a hearse....mmmhhhmm.

Then eat some French fried taters.



Or you could just shoot him in the elbow and watch him dance and scream for pure unadulterated entertainment.
 
Deadly force is justified under Official Code of Georgia Annotated 16-3-21 for civilians.
Basically the law reads that you can use deadly force to prevent great bodily harm or death to you or third party. Or to stop a forcible felony. So the moment the subject no longer represents a threat to your life, you cannot shoot. YOU will be the one explaining to a jury that your actions were reasonable and justified. It’s an affirmative defense. “Yes I did it, but it was legal”. No matter how alpha male a person is, to kill when not reasonable is a poor decision.
 
Deadly force is justified under Official Code of Georgia Annotated 16-3-21 for civilians.
Basically the law reads that you can use deadly force to prevent great bodily harm or death to you or third party. Or to stop a forcible felony. So the moment the subject no longer represents a threat to your life, you cannot shoot. YOU will be the one explaining to a jury that your actions were reasonable and justified. It’s an affirmative defense. “Yes I did it, but it was legal”. No matter how alpha male a person is, to kill when not reasonable is a poor decision.
I’m pretty much with this assessment. He threw the weapon at you yes, but now he’s 20 feet away and unarmed.
 
I can legally testify that I have LEO training for edge weapons that place a knife inside of 21 feet as an immediate imminent threat to my life. Obviously I cannot Just open fire unless there are actions consistent with an immediate threat. In the case of edged weapons inside this distance. Weapons out and pointing at the individual as well as commands to drop the knife or I will shoot.

The bat is certainly a weapon. To exercise lethal force against an individual wielding a bat will require more than mere possession and requires more than “he had a bat and I was scared” legal justification for use of lethal force.

Again the legal range for immediate fear for my life is shrinking down to a bat and a half. Again the judicial process is going to scrutinize any use of force.

If it’s not your job. Smart money says use you weapons as a show of force to effect an escape. If the situation escalates, you may have the stand you ground law on your side. I would rather have the police and district attorney not looking at me for prison time.

Unlike the video where you saw trash on trash fighting about trash. As a citizen I would keep my weapons out of sight until the point I was going to use them. I would also be looking for a way out of the situation. I have spent enough time in courts, and I don’t want to have to pay an attorney for defending myself when I could have exited the situation.

This.

HDD
 
Here's a hypothetical twist on a recent real case.
I'm also changing the facts to simplify things and highlight one issue.

A man verbally assaults you and threatens to kill you.
You draw your gun and tell him to stay away and leave you alone.
He curses you and goes to his car and gets a baseball bat (or knife).
He marches back toward you, cursing a blue streak and saying he'll kill you.
You verbally warn him, but when he gets "too close" and raises the bat (or knife) from spitting distance, YOU SHOOT AT HIM.

Let's say you are sure you hit him twice, and he winces and stops advancing. He turns away and trots a few steps away from you. You think it's over.

Then he stops, turns, and slings that bat (or knife) at you.
He threw it, from some 20 feet away. He really tried to kill you.
But he missed.
The bat / knife misses, and you hear it hit the ground behind you.

Can you pull the trigger again and put more bullets into him?

Discuss.

Georgia law applies.

I used my 12 gauge with 00 buck and didn’t need to rack it again......
He was dead before he hit the ground...
 
Legally he is no longer an imminent threat if he's disarmed himself by throwing the knife/bat. Shoot him now and you're going to jail.

Yes, he did just attack you, but a 'reasonable' person would know that's the end of the encounter if he's just standing there. Self defense doesn't allow for revenge, it allows you to use lethal force to stop a lethal force attack

Now if he starts moving toward you again I would say it would be perfectly reasonable to believe that since he tried to kill you twice already, if he's approaching it's for round three with some up-until-now hidden weapon.

This is almost the same scenario that started the riots in Ferguson. Yeah the guy was unarmed, but he had already tried to kill the cop with his own gun once, and once he stared advancing towards him again the cop had every reason (including the attackers statements) to believe that he would try to do the same thing again.

In your scenario, if the guy who just tried to kill you twice starts advancing on you a third time, it would be perfectly reasonable to believe (and easy to articulate to a jury) that he either had another weapon or was trying to retrieve the thrown one and finish the job.

But if he's just standing there, or backing away, there's no imminent threat to use for a self defense claim. Shooting him then would be murder.
 
So the 2 idiots in the video are facing man slaughter charges are....?

Guilty of wild self flagellation gestures? The police and the district attorney have reasonable cause they committed a criminal act.

Failure to retreat?
There’s no video in the OP.
Only a set of circumstances.
 
I don't know if this is the case OP is referring to, but very similar state of facts, trial going on right now (may have ended).
Real Readers Digest version, cop is in patrol car, bad guy in on sidewalk, bad guy has knife, bad guy starts to walk away from cop, cops get out of car and shoots bad guy (16 times no less, extraordinary hit rate for a cop). Many of the shots into the bad guy after he is one ground.

Cop emptied his gun, which is a well known and common consequence of stress.

Many other cops on scene who stayed in their cars, watched bad guy with knife.

Cop on trial for murder right now.

DA' Readers Digest Version:
When the prosecution opened its case, it focused on two arguments: 1) that McDonald wasn’t a threat at the time of his shooting,

Scroll down to heading,
The Laquan McDonald shooting, briefly explained


https://www.vox.com/identities/2018...trial-laquan-mcdonald-chicago-police-shooting
 
It would be my opinion that since he had the ability to retreat to 20' and still throw the bat / knife and he did not retreat any farther, he is still a threat. You could retreat but he has demonstrated the ability to follow.
There is still a possibility he has another weapon on him and could use it to accomplish his original intent to kill / harm you.
I would back off another 20' and if he followed I would put more in him.
 
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