Allegations of Violence Require Expert Understanding of the Law


Violent crime charges carry very severe penalties, including extensive prison sentences. Without a strong criminal defense attorney there to ensure that your rights and future are well-protected, you run the risk of having years of your life taken away. I offer a skilled and effective defense against all types of violent crime charges such as:

Many of these charges rely on witness testimony and other types of evidence that might be wrong or misinterpreted. For example, eyewitness identification, especially from a police lineup, has been shown to have a significant possibility of error. Call (404) 369-0048 for a free consultation and review of your case.



 

I will thoroughly review the evidence against you and find weaknesses that we can use to undermine the prosecution theory, some of which are often formulated quickly at the beginning of a case without proper investigation. Here are some of the possible defenses to violent crimes in Georgia:

Justification

In Georgia, self-defense and defense of others has been consolidated into the justification defense. Justification is probably the most common defense used in assault and battery cases. In order to establish justification, an accused must generally show:

  • a threat of unlawful force or harm against them;
  • belief in the necessity of using force must be reasonable;
  • the amount of force used was only that which was necessary to defend himself; however,
  • unlike in many States, Georgia has no duty to retreat.

The doctrine of justification has a number of limitations in addition to those outlined above. Simply because someone acts in self-defense does not mean that all bets are off as far as the amount of force that can be used to defend one's self.

The force used in self-defense or defense of others must be reasonable when compared to the threat posed by the victim. Also, even if all the elements outlined above are met, an individual defending himself may still be found guilty of assault/battery if the victim was physically no match for them in the first place (this could be due to size, age, etc.).


Defense of Property

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation.

The use of deadly force to protect a habitation, however, is not justified unless:

  • the entry is made or attempted in a violent and tumultuous manner and you reasonably believe that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence; or
  • that force is used against another person who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or
  • you reasonably believe that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony; and
  • the person who force was used upon is not a member of the family or household.

Defense of habitation is not available where there is no evidence that the victim was attempting to enter or attack a habitation when he was injured.​

Free Consultation

Speak to a criminal defense attorney now at (404) 369-0048 for a free assessment of your case.