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Ahmaud Arbery murder case
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<blockquote data-quote="BonafideJacket" data-source="post: 720559" data-attributes="member: 1011"><p>Respectfully, I believe you are wrong on this last point. You may open yourself up to the civil charges, but you would not be criminally liable. According to the castle doctrine, so long as that person is not a family member and you had reason to believe they unlawfully and forcibly entered your house, you are justified in the use of deadly force to remove or terminate their presence. There is no requirement of threat from that person. See OCGA 16-3-23(2) - <strong>"A person is justified in . . . using force against another when and to the extent that he or she reasonably believes that such. . . force is necessary to terminate such other's unlawful entry into . . . a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if . . . [t]hat force is used against another person who is not a member of the family or household and who . . . has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred"</strong> I shorted the statute to apply to this situation but the full language is below:</p><p></p><p style="margin-left: 20px"><em>A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:</em></p> <p style="margin-left: 20px"><em></em></p> <p style="margin-left: 20px"><em>(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;</em></p> <p style="margin-left: 20px"><em></em></p> <p style="margin-left: 20px"><em>(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or</em></p> <p style="margin-left: 20px"><em></em></p> <p style="margin-left: 20px"><em>(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.</em></p> <p style="margin-left: 20px"><em></em></p><p>Absent extenuating circumstances (landlord, exterminator, electrician, estranged family member, etc.), a Georgia prosecutor will very rarely pursue charges against a homeowner shooting a stranger they found in their own home, even if the homeowner misread the situation or that person's intentions.</p></blockquote><p></p>
[QUOTE="BonafideJacket, post: 720559, member: 1011"] Respectfully, I believe you are wrong on this last point. You may open yourself up to the civil charges, but you would not be criminally liable. According to the castle doctrine, so long as that person is not a family member and you had reason to believe they unlawfully and forcibly entered your house, you are justified in the use of deadly force to remove or terminate their presence. There is no requirement of threat from that person. See OCGA 16-3-23(2) - [B]"A person is justified in . . . using force against another when and to the extent that he or she reasonably believes that such. . . force is necessary to terminate such other's unlawful entry into . . . a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if . . . [t]hat force is used against another person who is not a member of the family or household and who . . . has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred"[/B] I shorted the statute to apply to this situation but the full language is below: [INDENT][I]A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if: (1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; (2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or (3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony. [/I][/INDENT] Absent extenuating circumstances (landlord, exterminator, electrician, estranged family member, etc.), a Georgia prosecutor will very rarely pursue charges against a homeowner shooting a stranger they found in their own home, even if the homeowner misread the situation or that person's intentions. [/QUOTE]
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