Crazy Atlanta stuff

[DOUG]

(b) The use of force which is intended or likely to cause death or great bodily harm to prevent trespass on or other tortious or criminal interference with real property

other than a habitation or personal property is not justified

unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

Defense of property other than habitation;
Lethal force cannot be used to protect personal property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.

Forcible Felony- Any felony which involves the use or threat of physical force or violence against a person.

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http://www.georgiapacking.org/law.php

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 its 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 any one of the following is met:

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)

Notes about Deadly force:
No duty to retreat: 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. This is an a part of a set of laws known as "Stand Your Ground," "Shoot First", or "License To Murder". In Georgia, there has never been a duty to retreat as per common law, however this was officially codified into law and went into effect July 1st, 2006 (basically, courts in GA have never required retreat unless the person was the aggressor, this common law creation of the courts was written into the official law in 2006).

Other Legal Defenses: Use of deadly force as described above is also a defense against certain carry/possession laws (carry laws found from 16-11-125.1 thru 16-11-138) you may inadvertantly break while you were using deadly force. (16-11-138)

Criminal and Civil Immunity: If your defense is valid as described above, you are immune from criminal prosecution (unless you were using a weapon in which the carry of it is unlawful as found in 16-11-120 thru 16-11-125, which is about the carry of sawed off rifles/shotguns, machine guns, silencers, and other dangerous weapons) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)