Stand Your Ground Law in Georgia 

Georgia legislators enacted the Stand Your Ground law to protect citizens and their property. There are 38 other states that have similar laws.

According to Georgia's Stand Your Ground law, O.C.G.A. § 16-3-23.1,

A person who uses threats or force relating to the use of force in defense of self, others, habitation, or other property has no duty to retreat and has the right to stand his or her ground and use force, including deadly force.

There are a couple of takeaways from this statute:

1. The person acting in response to a perceived threat is under no obligation to retreat first before resorting to deadly force. Even if you have the ability to run away, you do not have to.
2. The statute allows lethal deadly force if the person reasonably believes another person is about to kill or gravely injure him or her.
3. A person can stand their ground in defense of themselves, others, their home, or other property.

Please note that the Stand Your Ground rules are not intended to promote taking justice into your own hands. Instead, they provide a defense for those who find themselves under attack. You still must only threaten or use force to the extent you believe is reasonably necessary to stop the force against you. Even if you believe you were justified in your actions, it is in your best interest to speak with an experienced Stand Your Ground Lawyer in Georgia before speaking to the police or making any public statements.

Is Stand Your Ground the same as Castle Doctrine?

Castle doctrine is a well known principle that is connected with the defense of habitation statute, O.C.G.A. § 16-3-23. Essentially, if you are justified in defending your castle (home), then the law allows you to stand your ground. You do not have to retreat or seek an avenue of retreat. The stand your ground laws basically take the castle doctrine and broaden it to include any place where a person may legally be.

When Using Stand Your Ground Defense, Contact Our Georgia Criminal Defense Lawyers

When stating that your actions fall under the stand your ground law, you must be justified in the actions that you took. The stand your ground laws and other self-defense statutes require that you use force in a reasonable manner. If you claim you were standing your ground, be prepared to be questioned. You may even be charged with assault, murder, or manslaughter. That is why it is critical that you hire an experienced Georgia Stand Your Ground Attorney. Before speaking with the police, contact us! We will work nonstop to demonstrate that your actions were in self-defense and the force you used was reasonable.

Contact Us Today

At Lawson and Berry we have over 25 years of criminal defense experience. Our legal team has dedicated their lives to protecting people, and we have represented more than 5,000 clients throughout Georgia. If you or a loved one has been charged and you believe you were justified under the Stand Your Ground laws, contact our office now. We will work tirelessly to protect your rights, freedom, and future.