Self-defense (legally known as justification) is one of the most effective legal defenses a person can raise in a criminal case in Georgia. This is partly because a self-defense argument is available before and during the trial. To raise this defense before the trial, your attorney may file what is known as an “immunity petition.” During the trial, your attorney may ask the judge to brief the jury on the right of justification before the closing arguments. With a justification defense, you essentially get two bites in the apple.
immunity movement
If you believe you have a claim of self-defense but the prosecutor will not dismiss your case, it is important that your attorney petition for immunity and request a hearing. Georgia Code 16-3-24.2 clarifies that anyone who justifiably threatens or uses force “is immune from criminal prosecution.” Georgian courts have also clarified that a hearing on immunity should be held before the trial begins. At the hearing, the defendant must prove that she was justified in her use or threat of force by the balance of evidence (ie, more likely than not).
What is justification?
Georgia Code 16-3-21 states that “a person has the right to threaten or use force against another if and to the extent that he or she reasonably believes that such threat or force is necessary to protect himself or a third person to defend against imminent use of unlawful force by others.” This is another way of saying that it is legal to use force against someone when you or others are in imminent danger of unlawful force. Furthermore, the use of lethal force is justified only when a person reasonably believes that lethal force is necessary to prevent “death or serious bodily harm.”
However, the law places limits on this defense as well. First, the person trying to defend himself cannot have been the attacker in the scenario. Second, the person must not provoke an attack as a pretext to harm the other person. Third, a person cannot use the justification defense when committing, attempting to commit, or fleeing from committing a crime.
justification in court
If you lose your immunity petition, you can still file a defense in court. And it can actually be easier to win in court than at a hearing because the burden of proof is different. As mentioned above, the onus is on the defendant to show in an immunity hearing that his or her behavior was justified. At trial, the defense need only provide evidence of justification, and then the burden shifts to the state to prove beyond a reasonable doubt that the accused was not justified. This is a very heavy burden for the state. Put simply, if the jury suspects or doubts that you may have been justified in the case, they must acquit you of the charge.
If you think you may have a self-defense claim in your case, contact a Georgia criminal defense attorney today for a free consultation and case analysis.
