Georgia Use of Force Codes and Suggested Readings
Georgia Use of Force Codes and Suggested Reading
The following code sections and reference texts are placed here as review material for students. We offer these so that students can review the applicable laws in Georgia. As always, we suggest that you contact an attorney before speaking with law enforcement concerning any potential criminal act on your part (even if you believe yourself to be the victim who legally defended yourself).
Remember that the statute of limitation on felony acts is 5 years from the date that the act became known. With that in mind, all statements made by you on scene will have a lasting impact on your future. We suggest joining a legal association or network in the event that you become involved in an armed encounter.
O.C.G.A. 16-3-20: Justification as Defense
O.C.G.A. 16-3-21: Use of Force in Defense of Self or Others
O.C.G.A. 16-3-23: Use of Force in Defense of Habitation
O.C.G.A. 16-3-23.2: Immunity from Prosecution
Suggested Reading List:
- “The Gift of Fear”, by Gavin de Becker
- “What Every Body is Saying”, by Joe Navarro
- “Attracting Assault: Victims’ Nonverbal Cues”, by Betty Grayson and Morris L. Stein
- “How Close is Too Close”, by Dennis Tueller (in 1983 Swat Magazine)
- Note that Tueller’s work is often mis-quoted as the “21 foot rule”
Key Points:
- The law does not require you to allow the other party to attempt or make an attack prior to defending yourself. You do not need to be struck or have a weapon brandished against you prior to enacting a defense under the law. You must be able to articulate that an “imminent use of unlawful force” was about to occur.
- The jury is generally instructed to determine if you acted in a manner that is consistent with a “reasonable and prudent person” when deciding at trial.
- Understanding how to articulate an immediate threat to yourself, your family, or a third party is critical to establishing your legal authority to use force. Knowledge of pre-assault indicators is critical to surviving the encounter and to any legal aftermath.
- Your Miranda Warning is required when you are “in custody” and being asked questions about a criminal act. That does not mean you are in handcuffs. That means that you are detained and not free to leave the scene.
- You DO NOT understand your rights and want to speak with an attorney.