May 9, 2011, 11:29 AM | #1 |
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GA Castle Doctrine
The great state of Georgia has a castle doctrine for defense of one's home. Pretty straightfoward. My question is this:
Does this apply if I'm staying at a house that isn't mine? Such as the Lady Friend's apartment?
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May 9, 2011, 11:35 AM | #2 |
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Georgia SB396, from 2006 timeframe:
http://www1.legis.ga.gov/legis/2005_...text/sb396.htm There is no duty to retreat. |
May 9, 2011, 10:29 PM | #3 |
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Hey Mack, what kinda guy would ya be if you didn't save your lady friend from assault?
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May 10, 2011, 12:10 AM | #4 |
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Thank you, MLeake, my GoogleFu was weak today. I finally stumbled upon the GA Carry site which clarified that law nicely.
And Horace, not a good one, but woe be upon the poor bum that breaks into that Sorority House....
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May 10, 2011, 10:38 AM | #5 | |
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Quote:
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May 10, 2011, 10:41 AM | #6 |
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brickeyee, if one is worrying about future lawsuits when a guy is coming through the window, one should re-think one's priorities.
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May 10, 2011, 10:43 AM | #7 | |
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Quote:
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May 10, 2011, 10:48 AM | #8 |
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That is a true statement, brickeyee. More information, before problems occur, is always good.
That said, I haven't read of any lawsuits being brought against people who were found to have been covered under self-defense laws in GA, since I moved here a few years ago. Have you? In theory, such a suit could be filed. In practice, I'm not so sure that it really is done around here. I suspect even the shark-ish types of attorney don't relish what will most likely be a losing battle, for a client who can most likely only pay if they win. (Wealthy people sometimes commit the sorts of felonies that justify SD shootings, but the majority seem to be committed by drug users and others who aren't so smart.) It's even possible that most attorneys around here are too ethical to launch a suit that they know they cannot win under GA statute. Do you know of any cases where it's been attempted? I'm not trying to give you a hard time, I'm just wondering if you have read or heard of such a thing happening, as opposed to being theoretically possible. |
May 10, 2011, 11:36 AM | #9 |
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While spending a marathon session at the law library today/yesterday, I decided to take a break this morning at around 0330, and I could not find a single case file in which a homeowner defended his home and held either criminally or civilly liable going back to 1998.
Great state to live in down here.
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May 10, 2011, 04:27 PM | #10 | |
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Virginia is the same way.
No court in the state would likely allow such a case to proceed, if you could even find an attorney foolish enough to file it. Virginia defines Grand LArceny as taking more than $5 from a person. http://leg1.state.va.us/cgi-bin/legp...00+cod+18.2-95 Quote:
Last edited by brickeyee; May 10, 2011 at 04:48 PM. |
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