Defense of Others
Protecting your right to defend others from imminent harm or danger. When someone is in danger, extensive measures may need to be taken to protect them.
Understanding Defense of Others in Georgia
There are times when a person is in danger, and so extensive measures might need to be taken to protect this person.
In doing so, however, you may have committed what would have otherwise been considered a crime in Georgia. In your defense, you can use the fact that you were defending this other person. But there are certain elements of this defense that must be demonstrated in order for it to work.
At Johnson Law Firm, our criminal defense lawyer will outline what the elements of this type of defense are and guide you throughout the criminal process while developing this defense. Contact us today at (706) 230-5944 to schedule a consultation. The sooner you start your defense, the sooner you can put this matter behind you.
Elements of Defense of Others
Understanding the legal requirements for this defense strategy
Defense of others is a legal justification of a defendant's use of force in circumstances where they acted in defense of another person whom they reasonably believed to be at risk of immediate harm.
Like self-defense and defense of property, defense of others in North Georgia is used to defend allegations of violence. The defendant does not dispute that they did the violent act, but they argue their actions were legally justified.
Key Elements
Generally, a defendant may be able to argue defense of another where the following two circumstances exist:
- They held a reasonable belief that the use of force was necessary to protect someone from an immediate threat of harm
- They used reasonable force, that wasn't excessive in the circumstances
Special Relationships
In some states, defense of others will only be available where a special relationship exists between the defendant and the person they're protecting, for example, husband and wife or parent and child.
Lethal Force
Some states allow a defendant to use lethal force to defend another person if they reasonably believed it was necessary in the circumstances.
Burden of Proof for Defense of Others
Understanding who must prove what in these cases
Like self-defense, defense of others in Georgia is an affirmative defense. It requires the defendant to admit to the alleged act. The specific operation of defense of others and the related burden of proof vary between states.
Defendant's Burden
In many states, the burden of proof for an affirmative defense is on the defendant. In these cases, the defendant must present evidence to prove, usually on a preponderance of the evidence (i.e. it is more likely true than not), that they acted in defense of another.
Prosecution's Burden
In other states, once the defendant has raised an affirmative defense, such as defense of others, the onus shifts back to the prosecution to disprove the defense.
Examples of Defense of Others in Georgia
Understanding this defense through real-world scenarios
Understanding this defense can best be established through examples. Here are two that highlight the key differences between when this defense would work and when it may not.
Example 1: Successful Defense
John is at a house party, talking to Liam and Tim. During a heated conversation, Tim raises his fist to punch Liam. John sees this and pushes Tim over before he can hit Liam. If John is later charged with assaulting Tim, he could argue the defense of another on the basis that he reasonably believed Liam was at risk of imminent harm, and he used reasonable force to stop Tim from hitting him.
Example 2: Unsuccessful Defense
In contrast, if rather than pushing Tim over, John stabs him with a knife, it would be unlikely John could successfully employ the defense of another as a viable defense. In this scenario, the force he used wasn't reasonable. Rather, it was clearly excessive.
Ready to Fight for Your Defense of Others?
Don't let protecting someone else land you in legal trouble. Our experienced team is here to provide the aggressive, effective representation you need to defend your actions and protect your rights.