GA 3.03.10 Justification; Use of Force in Defense of Habitation (Motor Vehicle)

GA 3.03.10 Justification; Use of Force in Defense of Habitation (Motor Vehicle)

State: Georgia

 

GEORGIA CRIMINAL JURY INSTRUCTIONS (G.C.J.I. 2003)

GA  3.03.10 Justification; Use of Force in Defense of Habitation (Motor Vehicle)

A person is justified in threatening or using force against another person when, and to the extent that, the person reasonably believes that such threat or force is necessary to prevent or terminate the other’s unlawful entry into or attack upon a (residence) (motor vehicle) (place of business). A person is justified in the use of force that is intended or likely to cause death or great bodily harm only if

a) the entry is made or attempted in a violent and disorderly manner and the person reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person living or being in the (residence) (motor vehicle) (place of business) and that such force is necessary to prevent the assault or offer of personal violence, or

b) the person reasonably believes that the entry is made or attempted for the purpose of committing a felony in the (residence) (motor vehicle) (place of business) and that such force is necessary to prevent the commission of the felony.

 

O.C.G.A §~l6-3-23, 16-3-24.1

Chambers v. State, 134 Ga. App. 53 (1975)

Lavender v. State, 234 Ga. 608 (1975)

Futchv. State, 151 Ga. App. 519 (1979)

By | 2013-01-14T17:57:08+00:00 January 14th, 2013|Comments Off on GA 3.03.10 Justification; Use of Force in Defense of Habitation (Motor Vehicle)