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  1. #1
    When negotiations fail... Ruiner's Avatar
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    Quote Originally Posted by TransAxle

    First part your ass would be in jail if that happened. If you had a gun and he had no weapon and you shot him THEN YOU USED EXCESSIVE FORCE. Courts would eat you alive becuase you had chance for great bodily harm, and you had no way to be in fear for your life.
    You DO NOT have to be in fear for you life! Read the law! It can be used to prevent a felony! I can shoot someone to PREVENT a felony such as a carjacking! You can carjack without a weapon! It's called a strongarmed robbery!

    Second i just said that would still be one that would go to court and have to fight a small bit, not like major trying to send your ass to jail fight but it would be one that had to be cleared over in court! Like situation 2!


    Also this is kinda along the lines of what you are saying!

    "A man may defend himself and even commit a homicide for the prevention of any forcible and atrocious crime, which if completed would amount to a felony; and of course under the like circumstances, mayhem, wounding and battery would be excusable at common law. A man may repel force by force in defence of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like. In these cases he is not required to retreat, but he may resist and even pursue his adversary, until he has secured himself from all danger."
    Stop, all states have different laws! Where did you get this quote from? This DOES NOT summarize the GA law!
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    Quote Originally Posted by Ruiner
    Stop, all states have different laws! Where did you get this quote from? This DOES NOT summarize the GA law!
    Its not for just any state it just explains a legal term. So it may differ at some poitns pending ont he state but it just gives s general idea to what the term stands for.

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    When negotiations fail... Ruiner's Avatar
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    Quote Originally Posted by TransAxle
    Its not for just any state it just explains a legal term. So it may differ at some poitns pending ont he state but it just gives s general idea to what the term stands for.
    Umm, you CANNOT go on "general" ideas like that. Laws are VERY specific. You have to satisfy certain criteria. Read the GA law and read the actual law, not some summary.
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    Quote Originally Posted by Ruiner
    Umm, you CANNOT go on "general" ideas like that. Laws are VERY specific. You have to satisfy certain criteria. Read the GA law and read the actual law, not some summary.
    already doing that... i figured you would say this when i said that, so i am alreayd at the page!

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    Quote Originally Posted by TransAxle
    already doing that... i figured you would say this when i said that, so i am alreayd at the page!
    http://www.legis.state.ga.us/cgi-bin...l?code=16-3-21
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    already know about that page..... bu ti am looking at 16-3-24/.1/.2 right know!

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    now 16-3-21 puts everything we have said in a nutshell!!!

    16-3-21.
    (a) 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 defend himself or herself or a third person against such other´s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.
    (b) A person is not justified in using force under the circumstances specified in subsection (a) of this Code section if he:
    (1) Initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant;
    (2) Is attempting to commit, committing, or fleeing after the commission or attempted commission of a felony; or
    (3) Was the aggressor or was engaged in a combat by agreement unless he withdraws from the encounter and effectively communicates to such other person his intent to do so and the other, notwithstanding, continues or threatens to continue the use of unlawful force.
    (c) Any rule, regulation, or policy of any agency of the state or any ordinance, resolution, rule, regulation, or policy of any county, municipality, or other political subdivision of the state which is in conflict with this Code section shall be null, void, and of no force and effect.
    (d) In a prosecution for murder or manslaughter, if a defendant raises as a defense a justification provided by subsection (a) of this Code section, the defendant, in order to establish the defendant´s reasonable belief that the use of force or deadly force was immediately necessary, may be permitted to offer:
    (1) Relevant evidence that the defendant had been the victim of acts of family violence or child abuse committed by the deceased, as such acts are described in Code Sections 19-13-1 and 19-15-1, respectively; and
    (2) Relevant expert testimony regarding the condition of the mind of the defendant at the time of the offense, including those relevant facts and circumstances relating to the family violence or child abuse that are the bases of the expert´s opinion.

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