Criminal Defenses in Georgia: Understanding the Defense of Others

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.

Content provided by Attorney Lucas Cowan. Attorney Lucas Cowan serves clients throughout Georgia.

Attorney Lucas Cowan 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 706-637-3343 to schedule a free consultation. The sooner you start your defense, the sooner you can put this matter behind you.

Understanding a Defense of Others Defense in Georgia

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 Gwinnett County and Walton County 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. 

Generally, a defendant may be able to argue defense of another where the following circumstances exist:

1. They held a reasonable belief that the use of force was necessary to protect someone from an immediate threat of harm; and
2. They used reasonable force, that wasn't excessive in the circumstances.

Burden of Proof for a Defense of Others Claim in Georgia

Like self-defense, defense of others in Georgia is an affirmative defense. It requires the defendant to admit to the alleged act. In these cases, the defendant must present evidence to prove that they acted in defense of another. The onus then shifts back to the prosecution to disprove the defense. 

Hypothetical Examples of Defense of Others in Georgia

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.

1. 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. 
2. 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.

Contact a Defense Attorney in Georgia Today

You can see that it can be complicated and very technical to use a defense of others defense. Attorney Lucas Cowan can help you determine if this defense can or cannot be used. If it is available in your unique case, then we will employ this defense effectively and strategically.

Call us today at 706-637-3343 or fill out the online form to schedule a free consultation and to find out if this method of defense would work in your criminal case.