Georgia Criminal Defense Blog

The Defense of Immunity in Georgia

Posted by Richard Lawson | Jun 25, 2018 | 0 Comments

One of the many reasons I write posts regularly is because of the vast amount of confusion and misunderstanding that I witness towards our criminal laws in Georgia. My goal is to bring some clarity to popularly misunderstood legal concepts. 

I write about Georgia Criminal Defenses pretty frequently because many times I hear them used incorrectly or people think that certain defenses will automatically free them from guilt or liability regarding their commission of criminal offenses. 

As a Georgia Criminal Defense Lawyer, my role is to ascertain the facts of a case and then find the most applicable defense or defenses to the charges that are being faced by an accused person. I mention in almost all of my posts that the only way to do that properly is by never assuming guilt. Again, no one should be assumed guilty just because they have have been accused of a crime. 

Most people are unaware that there are hundreds of possible defenses that attorneys can use to defend a case. My focus of today's post will be on one defense in particular: criminal immunity in Georgia.

Interestingly enough, the state of Georgia allows for citizens to be relieved of criminal liability when assisting law enforcement officers. 

I have outlined the law on immunity below.

The Defense of Immunity in Georgia

Georgia law defines the defense of immunity in Georgia as:

Any person who renders assistance reasonably and in good faith to any law enforcement officer who is being hindered in the performance of his official duties or whose life is being endangered by the conduct of any other person or persons while performing his official duties shall be immune to the same extent as the law enforcement office from any criminal liability that might otherwise be incurred or imposed as a result of rendering assistance to the law enforcement officer. O.C.G.A. §16-3-22.

The purpose of this defense is to provide for people who act in good faith in helping law enforcement officers whose health and safety is being affected and threatened by the conduct of someone else.

Therefore, your attorney's role is to prove that the accused person reasonably and in good faith helped a law enforcement officer whose life was being endangered.

Practice Note

You can see that I mentioned your attorney's role. All defenses are meant to be utilized by a Georgia Criminal Defense Attorney. I do not write these clarifications so that individuals can represent themselves. Immunity in particular is a highly difficult defense to prove, so it is important to hire a lawyer who can assist you. 

If you or a loved one has been accused of committing a crime in Georgia, contact us today, so that we can help you. Your case will not defend itself. We have the expertise and experience necessary to properly utilize the most applicable defense which can result in getting your case dismissed, reduced to a less serious charge, or mitigate your punishment. Contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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