For those facing assault charges here in Georgia, it is vital to understand the law as it relates to the nuances of your own case. For instance, Georgia is a stand-your-ground state.
That designation means that those who have a reasonable belief that they are about to suffer great bodily harm or be killed can defend themselves with lethal force when necessary.
How that could play out with your case
Depending on the circumstances of your criminal charges and the prosecution’s evidence against you, it may be possible to build a case of self-defense to your charges.
Not all charges of aggravated assault can be linked to a self-defense rebuttal. For instance, if you allege that you had to shoot an intruder who was advancing on you in your home, but the forensics show the victim took five bullets to the back, the judge or jury won’t be swayed.
What Georgia law says
Georgia recognizes people’s rights to defend themselves against another’s attack by meeting it with equal force.
Georgia uses the law as an affirmative defense to aggravated assault charges. People must be able to show they reasonably feared that great bodily injury or death would befall them or a third party without the use of deadly force against their attacker
The law has limits
Georgia laws allow potential victims to meet the level of force of their attacker. Someone who gets punched can punch their aggressor back. But they can’t bash their head in with a concrete block unless they can prove they had no other recourse than submitting to battery.
Affirmative assault defenses are complex
While your aggravated assault charges may be satisfactorily defended by a self-defense strategy, it is a tough defense to mount. Learning more about the intricacies of your Georgia self-defense case is a good idea.