Self Defense Laws in Georgia
Augusta GA Assault and Homicide Defense Lawyer
Self defense is defined as the right of every person to protect them from harm. Legal self defense is used by people accused of crime of any sort like assault, battery, violent crimes or even murder. Mostly, self defense is governed by state laws and circumstances leading to alleged crime. The ability of your attorney to use self defense in favor can help you with your case.
What is Self Defense?
State laws permit people charged with assault and battery to try and claim self defense. Normally, for claiming self defense, you need to accept and commit to the crime. Then you need to justify your actions as mandatory for having saved yourself from the assailant. It is commonly observed that those who claim self defense can get their sentences and charges reduced drastically under specific conditions.
In order to claim self defense the act should be plausible. Thus if you are being assaulted, you can use any force to ward off the assailant. This force can be in direction proportion of the original assault and such a case can be claimed as self defense. But you cannot get away with self defense if you fire a gun at someone who spat on you.
Similarly, your surroundings can also affect your ability to use self defense effectively. For example, if you are being assaulted at your home by a person known or unknown to you, you can retaliate with as much force as you want to, but assaults outside in a public place is subject to the duty to retreat initially, and trying to avoid confrontation before acting on self defense.
Self defense is most commonly applied in physical assault cases. If you took action in self defense and you were the first to inflict physical injury, you can claim self defense since your intention was to protect yourself and not harm the assailant. Your actions would be considered reasonable under the circumstances. Similarly, self defense is also used in cases of shot and injured.
If a person shoots and injures another but can prove in court that the action was for self defense, he could create reasonable doubt regarding criminal charges brought against him and might even be given a not guilty verdict based on his charges. A typical example of such an incident would be intruders in your home.
If you have been charged with a crime that you did for self defense, you would need to consult a very good and competent criminal defense attorney so that he can prepare your defense. A professional in the filed with ample experience of handling similar cases would be able to give you an idea of success your particular case would have.