No one fully anticipates the moment they are faced with a threat and put in a life-or-death situation. Our bodies will experience something known as fight for flight, in which you will either stand and fight for your life or try to flee to safety. It’s imperative to understand that if you’re charged with a criminal offense because you used force against a threat to your life, you may be able to utilize the Stand Your Ground doctrine as a defense. Keep reading to learn more about these matters and how a Cobb County criminal defense lawyer can assist you during these difficult times.
What Is Stand Your Ground?
Stand your ground is a legal doctrine that removes the duty to retreat. In some states, when faced with a threat, someone must make a reasonable effort to flee to safety before resorting to using force. However, some states, including Georgia, adhere to the idea that when someone is faced with a threat, they do not have to retreat before using reasonable force against the threat.
It’s imperative to understand that the use of force must be reasonable in response to the threat. For example, if someone punches you, using a firearm in response would be considered unreasonable. Additionally, you cannot use force to subdue a threat to property, but you can if the lives of others are at risk. Finally, you cannot use this defense if you initiated the altercation.
Is This a Valid Defense in Georgia?
If you are charged with using force against another person, it’s imperative to understand that self-defense is a valid defense. However, you’ll need to prove that it was necessary. As such, working with an experienced criminal defense attorney is in your best interest, as they can not only gather evidence to help support your claims but they can protect your best interest in these matters. Your lawyer can help ensure your legal rights are protected when you’re facing criminal charges.
One of the most important things to understand is that even though you defended yourself, you should invoke your right to remain silent until you have obtained legal representation. Even though you exercise your rights under the law, you may say something that can accidentally incriminate you in these matters.
If you’re facing criminal charges for murder or assault because you acted in self-defense, it’s in your best interest to connect with an experienced attorney from the Miller Law Practice, PLLC, as soon as possible. Unfortunately, these matters can be incredibly complicated, and making one wrong step in the process can have less-than-ideal outcomes. Our dedicated team is committed to exploring all possible avenues for defense to help you through these difficult times. Connect with us today to learn how we can fight for you.