Ahmaud Arbery: GA Citizens Arrest Law: May 12, 2020
Georgia’s citizens arrest statute:
§17-4-60 Grounds for arrest
Georgia’s felony burglary statute
§16-7-1. Burglary
Remember:
You carry a gun so you’re hard to kill.
Know the law so you’re hard to convict!
Stay safe!
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Law of Self Defense CONSULT Program
Thanks for posting these. It can be hard to navigate these stories with the sheer amount of misinformation being circulated.
I consider it unfortunate that Bronze membership is being discontinued, but I suppose that’s life.
Having said that, one of the things that I have been thinking about these past few days — in no small part because of this case — is how difficult it is to link to something that is going to be behind a paywall. I have seen at least a couple of online discussions where it would have been nice to say “Hey, here’s a self defense lawyer’s take on the situation!”
Ah, well. I also understand the need to monetize, so I’m not going to complain about the restrictions on the “free ice cream”!
How do we know about the “next door type app” I’d been suspicious of this since the case got in the news.
I was surprised you didn’t mention the Georgia Statute authorizing the use of force to make a lawful citizens arrest: 16-3-20. I believe the conduct necessary to constitute an aggravated assault (the display of a deadly weapon in a threatening manner), if it occurred at all, was reasonable in the circumstances and therefore an absolute defense to the charge of aggravated assault. No felony therefore no felony murder.
That’s a good suggestion, I’ve added a link to §16-3-20 in the text. Didn’t feel the need to touch on it given that there’s no evidence of unlawful conduct necessary to justify even simple assault, but you’re right we should include it if only for purposes of thoroughness.
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
Surprised you are still on here. I would like to comment on your 3rd edition of your book when I get time, where do I send or how do I address the comments. I don’t have time to do a complete review, but I would like to bring some things to your attention, and maybe not publicly (if I say something silly no need for everyone to know. lol)
Where else would I be? 🙂
You can always send feedback of any kind to us at: support@lawofselfdefense.com
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC
The singer, John Denver, used to come to Omaha, Nebraska because he liked a recording studio there. One evening, after a recording session, he and the studio owner were on their way to dinner. They were stopped at gunpoint by Omaha police on suspicion of having just committed an armed robbery. The sole justification for such suspicion was similarity between their vehicle and the robbers’ getaway car.
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The Georgia statute on felony burglary requires intent to commit burglary. Can intent be inferred just because a person enters a structure in which he is not authorized to be?
Are you under the impression that anyone in this case is trying to prove someone guilty of felony burglary?
–Andrew
Attorney Andrew F. Branca
Law of Self Defense LLC