Now before I say a single word on this topic, how about you think about how much sense that actually makes. . . . Do you really think that it is O.K. to kill anyone you want as soon as they cross the threshold of your front door? Nevermind. There are people out there who still think that Obama is a Muslim, so I guess I can waste some time talking to you about this Georgian urban myth about killing in your home.
It is true that there is a lowered bar for proving "self defense" for a defendant who uses deadly force when that defendant is in his home (or his car) in Georgia. However, it is not a carte-blanche license to kill anyone who annoys you during dinner by offending your irrational neo-con sensibilities by laughing in your face when you insist that Obama is promoting an African anti-colonial agenda.
But this article isn't about talking about how stupid you are for listening to Newt Gingrich about morality issues or for listening to political pre-chewed pulp in today's polarized "discussions" that have been dumbed down to historic levels due to the 24/7 media. It is about getting you to go to Jon Stewart's Rally to Restore Sanity! Whoops.
No, this post is about me trying to release a tiny amount of knowledge out there on the internet about Georgia law without giving you the impression that you are entering into any sort of attorney-client relationship with me. What IS happening is that I am shamelessly linking on this blog to a website where you CAN create an attorney-client relationship, with this West Georgia Criminal Defense Attorney.
But who am I, you may ask? I'm SKIP WALTERS DAMMIT, and don't ask any personal questions about me, or I will drag your ass to my yard, and in a violent and tumultuously manner throw you in through the back door and kill you there, because I know how to pull that shit off. You don't. Even after I tell you who you can kill in your house you won't know how to do it right.
Why? Because I'm Skip Walters and you're not. That's why.
Walters. Skip Walters.
Dammit.
Anyway, in Georgia, OCGA 16-3-23 explains when you can use force in the defense of your home, and that is why it is titled "Use of force in defense of habitation."
It says that you are justified in threatening or using force in defending your home to the extent that you reasonably believe that such force is necessary to prevent or terminate the unlawful entry; and, you are justified in using deadly force only if one of the following three situations exist:
1) entry is made in a "violent and tumultuous manner" AND you believe it is made for the purpose of assault AND deadly force is needed to prevent the assault; or
2) the deadly force is used against a non-family member who entered the house unlawfully AND forcibly AND you know that that person entered unlawfully AND forcibly; or
3) the deadly force is used against a person that you reasonably know has entered the house for purposes of committing a felony in the house.
Basically, what this means, is if you know how to set up the situation, and fake the evidence, you pretty much CAN kill anyone in your house, provided you are going to hide the fact that they really were invited to the house, and you really just killed them because they said some really stupid shit about Obama.
Hey, wanna come over tonight?
Hah! Just joking. I'm not going to kill you. Manny is. (here is a longer clip of that scene.)
Ok, if you really did kill someone, and then dragged the body into your house because you thought you could get away with it that way, you are going to need to talk to a Georgia Criminal Defense Attorney now!
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