When Can You Claim Self-Defense as Immunity from Prosecution in Georgia?

Under Georgia law, a person has the right to act in self-defense when they “reasonably believe” that force is necessary to protect themselves or a third person against someone else’s unlawful use of force. Self-defense may be asserted as an affirmative defense of “justification” at trial. It can also be cited as grounds for immunity from prosecution under the law.

Court of Appeals Reverses Felony Murder Conviction,

Typically, when someone claims self-defense immunity, the court must hold a pre-trial hearing. The defendant must show, by a preponderance of the evidence, that they had a reasonable belief justifying their use of force. This standard is different from what a defendant must show to prove an affirmative defense of justification.

The Georgia Court of Appeals recently explained the distinction. The Court reversed the conviction of a woman charged with shooting and killing her live-in boyfriend. In this case, Griffin v. State, the defendant testified that she and the victim got into an argument after he damaged her car. A short time later, the victim started to pack his things and started “throwing things around the room,” according to court records. The victim then entered the bathroom, where the defendant was showering, and threatened to beat her.

The defendant said the victim then started pushing and hitting her before grabbing her by the neck. The defendant said she then escaped, re-entered the bathroom, and pulled out a gun she kept in the cabinet. She fired two shots, killing the victim. Prosecutors subsequently charged the defendant with felony murder, largely based on testimony from the victim’s sister, who said the defendant told her she purchased a gun and that she “was going to kill the victim with it.”

The trial court dismissed the defendant’s pretrial motion for self-defense immunity. The judge concluded that because the defendant testified that she “did not intend to” shoot the victim and that she had “no recollection of pulling the trigger,” she could not prove that she had a “reasonable belief” that deadly force was necessary to protect her from the victim. A jury proceeded to convict the defendant of aggravated assault, while acquitting her of the felony murder charge.

The Court of Appeals reversed the conviction, however, holding the trial judge conflated the standard of proof for pretrial immunity with what was necessary to prove the affirmative defense of justification. In a pretrial immunity motion, the court must make “specific findings regarding whether [the defendant] had a reasonable fear that such force was necessary to prevent the victim from attacking her.” The trial court failed to make such findings. As such, the defendant was entitled to a new hearing on immunity.

Contact Hawkins Spizman Trial Lawyers Today

If you are on trial for your life, you have every right to argue a defense that supports your alleged actions. A qualified Atlanta assault lawyer can advise you self-defense and other alternatives that may be applicable to your case. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=2f891bef-2657-4e0d-9606-278100e7f982