No Duty to Retreat Prior to Self Defense

No Duty to Retreat Before the Use of Force in Self-Defense in Georgia

While citizens are supposed to avoid violence at all costs, there are special circumstances where the law allows citizens to use force. O.C.G.A. §16-3-23.1 outlines these situations and states that even deadly force is allowed in these instances. It is important to understand the complexities of this statute, and it requires the assistance of a knowledgeable Georgia Criminal Defense Attorney. Our Attorneys are here for you 24 hours a day, 7 days a week. Contact us today for a free case evaluation.

Georgia Law O.C.G.A. §16-3-23.1 reads as follows:

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

The statute outlines three instances where people do not have a duty to retreat before using force:

  1. In defense of self or others
  2. In defense of a habitation
  3. In defense of property other than a habitation

If your circumstances fall under one of those categories, then any force used, even deadly force, will be justified and you will not be guilty of a crime. 

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