Though you may take steps to protect your home by installing alarms and security cameras, the last thing you expect is for an unauthorized individual to try to get in. However, these crimes do happen, so you may take the necessary steps to protect yourself, your family, and your property. This often includes using force to nullify the threat in your home. The following blog explores how the castle doctrine factors into these circumstances and how a Cobb County criminal defense lawyer can help you through these challenging circumstances if you’ve had to take the necessary measures to protect yourself.
How Does the Castle Doctrine Work, and Does Georgia Adhere to It?
The Castle Doctrine is a principle that a man’s home is his castle, and he has the right to defend himself while in his home against a threat.
It’s essential to understand this doesn’t mean you can attack anyone who comes on or near your property. Generally, this only applies to unauthorized individuals on your property who threatens your safety. This threat must be reasonable, meaning any rational adult would share the same fear for their life. As such, you can protect yourself under the Castle Doctrine, using legal force to mitigate the threat only if necessary. If you truly fear for your life and safety, this would warrant using potentially deadly self-defense measures.
Additionally, Georgia is a Stand Your Ground state. Essentially, this means if faced with a threat, you do not have to try to attempt retreat before resorting to the use of force. Even if escape is possible, you are under no legal obligation to do so, as you have the right to face a threat in your home.
It’s also important to note that the Castle Doctrine does not apply to situations where you are the initial aggressor. This only applies if you are the target of the attack from the beginning.
What Should I Do if I’ve Had to Defend Myself in My Home?
If you have had to do the unthinkable and defend yourself in your own home, it’s essential to ensure you take the necessary steps following the encounter. You should immediately contact the police to report the incident if you did not contact them already. Additionally, you should contact an experienced attorney as soon as possible. Though the law protects you, the police must investigate the incident. As such, ensuring you have legal representation is crucial to protect yourself every step along the way.
At the Miller Law Practice, we understand how overwhelming these instances can be. That’s why our team is dedicated to representing you every step along the way. Contact us today to learn how we can assist you through these troubling matters.