Georgia Stand Your Ground Law

One of our most fundamental rights is the right to protect ourselves, our property, and our loved ones from harm. Georgia is among the growing number of states that have self-defense laws on the books. These laws, more commonly known as “Stand Your Ground” laws, were created to protect individuals from facing criminal charges if they kill someone while defending themselves or another.

The concept of self-defense is codified in the state of Georgia under Georgia Code Section 16-3-21. This statute defines the justifiable use of force as: Using force to protect yourself or a third party when you have a reasonable belief that your life is in danger at the hands of another. As the state explains, “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 defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, 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 the commission of a forcible felony.” 

Although self-defense laws, including the right to use deadly force, have been around for more than 100 years, Georgia only expanded and clarified Stand Your Ground laws in 2006. It’s also the first state to have the constitutionality of this law be reviewed at the federal level. The law itself is really cut and dried: If you believe your life is in danger, you have the right to kill to defend yourself. In states with no Stand Your Ground laws on the books, killing your attacker must be the last resort.

Since the law officially went into effect, the rate of Stand Your Ground-related deaths has doubled from seven per year to 13. Critics of the law are troubled by this trend, but proving self-defense is actually harder than it appears. Police report that a large number of suspects in a gang or drug-related shootings attempt to claim self-defense. In several notable cases, murder suspects have claimed self-defense under rather dubious circumstances. As states begin to legalize marijuana for medical purposes or in a recreational capacity, the potential for fewer drug-related homicides is certainly a possibility. 

One notable case involves a woman, Lona Scott, who shot her husband 14 times after she learned that he drained their bank account and was planning to divorce her. Her defense was that her death was imminent (although not necessarily in that moment) if she didn’t kill him first. Her first trial resulted in a hung jury, and she was acquitted after her second trial. Depending on your situation, you could be facing murder charges or aggravated assault in Georgia. 

Another case that wasn’t so murky was the case of Lewis Moore. In 2010, he shot Yuhanna Abdulah Williams in the face after an attempted car-jacking at knife-point. There were no charges filed in that case.

Although self-defense laws, including the right to use deadly force, have been around for more than 100 years, Georgia only expanded and clarified Stand Your Ground laws in 2006. It’s also the first state to have the constitutionality of this law be reviewed at the federal level. The law itself is really cut and dried: If you believe your life is in danger, you have the right to kill to defend yourself. In states with no Stand Your Ground laws on the books, killing your attacker must be the last resort.

Since the law officially went into effect, the rate of Stand Your Ground-related deaths has doubled from seven per year to 13. Critics of the law are troubled by this trend, but proving self-defense is actually harder than it appears. Police report that a large number of suspects in a gang or drug-related shootings attempt to claim self-defense. In several notable cases, murder suspects have claimed self-defense under rather dubious circumstances. As states begin to legalize marijuana for medical purposes or in a recreational capacity, the potential for fewer drug-related homicides is certainly a possibility. 

One notable case involves a woman, Lona Scott, who shot her husband 14 times after she learned that he drained their bank account and was planning to divorce her. Her defense was that her death was imminent (although not necessarily in that moment) if she didn’t kill him first. Her first trial resulted in a hung jury, and she was acquitted after her second trial. Depending on your situation, you could be facing murder charges or aggravated assault in Georgia. 

Another case that wasn’t so murky was the case of Lewis Moore. In 2010, he shot Yuhanna Abdulah Williams in the face after an attempted car-jacking at knife-point. There were no charges filed in that case.

Although you’re allowed to use reasonable force to protect yourself or another in Georgia, is it always justifiable to kill someone in self-defense? The recent case of a Georgia resident killing someone who was breaking into their home brought this issue back to the forefront recently. Many residents believe in the “Castle Doctrine” that allows you to use any means necessary to protect hearth and home. But, that isn’t always the case.

Deadly force is only justified under the Georgia Castle Law within a narrow set of circumstances:

• The break-in must be violent and disruptive
• The person breaking in can’t be a relative or household member who would ordinarily be allowed to enter your home
• You believe the person broke into your home with the intent to commit a crime, and deadly force was the only way to prevent it.

The premise of the Castle Law is that you are the king or queen of your castle, and you have the right to defend it. However, the above conditions differentiate it from Stand Your Ground laws by putting conditions on shooting intruders. Stand Your Ground states that there are no conditions or relationships that quantify defending your life.

Under Castle Laws, you can’t shoot a family member, and the break-in must be forceful or perpetrated by someone who is armed and dangerous. For example, shooting your intoxicated neighbor who accidentally walks into the wrong house, and then claiming you feared for your life wouldn’t count unless they were also violent and threatened you. Shooting a stranger who kicks in your door or appears in your bedroom in the middle of the night armed would.