Fatal Shooting Dispute Ruled Self-Defense in Atlanta

DeKalb County Courthouse

Atlanta, Ga. - A shooting dispute that was reported off of Gresham Road in Atlanta has been ruled as an act of self-defense.

Dekalb County Police have not arrested or charged the man who has been held responsible for the death of another man at a local Walmart. Police arrived at the scene after reports of gunshots. The two men had reportedly gotten into an altercation. One of the men died on his way to a local hospital. The other man allegedly fired the weapon.

No other details have been released at this point, however, as a Georgia Criminal Defense Lawyer, I will outline the affirmative defense of self-defense in today's post.

Self-Defense in Georgia

The Georgia Code defines self-defense in Georgia in O.C.G.A. §16-3-21 as:

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that threat or force is necessary to defend himself or herself or a third person against such other's imminent use of unlawful force; however, a person is justified in using force which is intended or likely to cause death or great bodily harm 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 commission of a forcible felony.

This means that there must be two elements present before self defense is justified by law.

1. The danger must be imminent,
2. And there must be a reasonable belief that such force is necessary to prevent death or great bodily injury to self or a third person.

If these two elements are met, then self defense could provide a total defense to a criminal offense.

Practice Note

There are many different types of Georgia Criminal Defenses that can apply to various criminal charges. If you or a loved one has been arrested, call our offices now. A Georgia Criminal Defense Attorney can help you now.