Results-Oriented Representation Since 2007
Criminal Defense
Criminal Defense
Traffic tickets
Traffic Violations
Personal injury

Personal Injury

Can you use self-defense to defend against an assault charge?

On Behalf of | Jul 5, 2024 | Assault, Criminal Defense |

An assault charge can have serious consequences, potentially leading to fines and imprisonment. However, it is crucial for someone facing an assault charge to know that valid defense strategies are available to them.

Self-defense can be a defense strategy against assault, but there are legal requirements for claiming self-defense in Georgia. If you are dealing with an assault charge, can you utilize self-defense to boost your defense?

State law on self-defense

According to state law, a person can use force to defend themselves if they reasonably believe that such force is necessary to prevent great bodily harm, death or a forcible felony. Therefore, it is crucial to understand that the use of force must be reasonable under the said circumstances.

Reasonable belief and imminent danger

A cornerstone of Georgia’s self-defense law is the concept of reasonable belief. This means you must have truly believed that you were in imminent danger and that using force was necessary to protect yourself. This belief must also be objectively reasonable, meaning a reasonable person in your position would have shared the same belief.

No duty to retreat

In addition, Georgia is a “stand your ground” state, which means a person has no duty to retreat before using force for self-defense as long as they are legally present where the confrontation occurs. Also, a person has the right to stand their ground if they reasonably believe using force is necessary to protect themselves.

Burden of proof

Further, the burden of proof for self-defense is on the defendant. Thus, you must present evidence that supports your claim of self-defense, and the prosecution must then disprove this claim beyond a reasonable doubt.

Protecting your rights during the entire process

Understanding self-defense laws is not just about navigating the legal system but also about ensuring your safety. By seeking an advocate, you may better manage the intricacies of the law and ensure the protection of your rights during the entire process.