Quote:
Originally Posted by barry123400
It sounds like the law was changed between the time the issue took place and the time of prosecution. He was probably tried under the new law and that wouild be fundemaentally wrong.
From a common sense point of view who would attack someone holding a rifle or initiate an attack after a round was fired into the ground.Some people out there are just not too bright.
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The law changed AFTER the shooting, adding the Stand Your Ground...It looks more like he was charged under the OLD law. I'm assuming that the detectives didn't charge him under the old, because the new was so close to coming into play, and that the prosecutor filed that charges under the old law. If this is the case, it's legal, since there's no grandfather's clause in the law.
From
http://www.theoutdoorstrader.com/threads/34492-Castle-Doctrine-in-GA
Quote:
Deadly Force
There are 3 code sections that govern when lethal or deadly force may lawfully be used.
Defense from a forcible felony; A person is justified in using threats or force to the degree they reasonably believe it is necessary to stop another person's imminent use of unlawful force. A person is justified in using deadly force which may harm or kill 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 (unless it is regarding defense of habitation, which has it's own requirements below). You are not justified if you were the aggressor or you are/were/on-the-way-to committing a felony. (The state has pre-empted local cities and counties from further restricting this defense.)(16-3-21)
Defense of habitation; (here habitation means dwelling, motor vehicle, or place of business) A person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:
1. A person is breaking\has broken into your home in a violent and tumultuous manner, and you think that the intruder is going to assault you or someone else living there.
2. A person who is not a member of the family or household and who unlawfully and forcibly enters the residence and you know it is an unlawful entry.
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.
(16-3-23)
Defense of property other than habitation; Lethal force cannot be used to protect real property unless the person using such force reasonably believes that it is necessary to prevent the commission of a forcible felony.(16-3-24)
(Stand Your Ground/Shoot First/License To Murder - went into effect July 1st, 2006) If you have determined you need to use lethal force (as stated in one of the underlined "Defense" sections immediately above) you do not have to try to retreat before using that force. If your defense is valid, you are immune from criminal prosecution (unless it is illegal to carry that weapon where you used it) and civil liability actions.(16-3-23.1, 16-3-24.2, 51-11-9)
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