GA 16-3-23. Use of force in defense of habitation

GA 16-3-23. Use of force in defense of habitation

State: Georgia

 

Georgia Code Annotated (G.C.A.)

Title 16.  Crimes and Offenses 

Chapter 3.  Defenses to Criminal Prosecutions.

16-3-23. Use of force in defense of habitation 

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.

By | 2013-12-02T11:06:57+00:00 January 8th, 2013|Comments Off on GA 16-3-23. Use of force in defense of habitation