My question involves criminal law for the state of: GA
Someone close to me (Abe) was nearly hit by another driver (Beatrice) who became agitated that he pulled around her, even though she did not move her car for an extended period of time when there was plenty of space ahead of her. This was at two merging lanes exiting a parking deck. She had jerked in front of him when her gate opened slightly after his, but then stopped in the middle of the path.
When B realized A was pulling around, B became agitated and jerked the car towards A's car nearly hitting him on the left rear tire well. As this was happening B honked repeatedly then continuously, while also continuing to move the car slightly.
At this point A panicked, grabbed a bat that was in the car from batting practice, and opened the door to check the closeness of the vehicles and to get B to back off. A stuck the bat out of the door and yelled for the other person to quit or shes gonna see how she likes it. B stopped honking and then A turned around, shut the door, and drove off. B called the cops who could not access the area, and did not arrest A when traffic was past, but later arrested A at his apartment.
A believed an accident would occur if action was not taken. Was the person going to keep edging closer and play chicken? Was the person goign to try and whip around and clip him? A's sole intention was to stop the other person's aggressive behavior and defuse the situation. A succeeded in doing this.
A was charged with two felonies and simple assault and is facing 15 years in prison over this incident. (Terroristic threats, Weapon on school grounds)
What do you think?
Gridlocked Road Rager Shown a Bat, Results in Charges
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03-02-2010, 01:09 PMcitizenxoGridlocked Road Rager Shown a Bat, Results in Charges
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03-02-2010, 02:19 PMThat GuyRe: Gridlocked Road Rager Shown a Bat, Results in ChargesDefuse the situation by threatening physical harm? Come on!!!Quote:
Quoting citizenxo
"A" should find himself a GOOD criminal defense attorney in hopes that he can come up with a better defense. -
03-03-2010, 02:04 PMcitizenxoRe: Gridlocked Road Rager Shown a Bat, Results in Charges
A cop huh?
A) In GA you have no obligation to retreat when defending yourself. If you believe you are in danger, you are fully allowed to threaten the other person to back off. See O.C.G.A. 16-3-23.1. It's the law, and for good reason. If you don't like it, be glad you don't live in GA. At least until one day you get into trouble and the police get there 5 minutes too late.
Also there is no such thing as a conditional threat in GA. If you threaten someone to back off, the person knows they are not in any danger unless they continue to act aggressively themselves.
B) Abe succesfully defused the situation by his actions. If it worked it worked. It's been working for thousands of years. Cops rely on the threat of their weapons and of their fellow officers to deter criminals. All abe needed to do was snap person B out of it before he/she caused a wreck. -
03-03-2010, 02:30 PMDogmatiqueRe: Gridlocked Road Rager Shown a Bat, Results in Charges
OP, following your logic, if Abe had shot at Bea, Bea would have, in all likelihood, also backed off.
Would Abe be still trying to use the same defense?
Come on - you know better. Abe needs a really good attorney. Now. Yesterday, in fact. -
03-03-2010, 02:54 PMThat GuyRe: Gridlocked Road Rager Shown a Bat, Results in ChargesNope! Just someone who's only read one side of the story. It would be safe to assume that "B" tells a different version... Otherwise the DA would not have filed FELONY charges and "A" would not have been arrested!!!Quote:
Quoting citizenxo
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03-03-2010, 05:01 PMcitizenxoRe: Gridlocked Road Rager Shown a Bat, Results in Charges
You two are absurdly ridiculous. Georgia law couldn't be clearer on this, and for good reason.
If someone threatens to run you over on foot, you can shoot them in self defense! Not that I would do it necessarily instead of jumping behind cover, but still. That is Georgia law. You are not obligated to run away from someone who is threatening you just because you are not a cop.
A did something that resulted in no harm to anyone, and B was snapped out of their pyschotic road rage thus preventing an accident. This is directly and clearly addressed by Georgia self defense law.
Circular logic: The cop did it so he must be justified in doing it? What are you 3? Plus that was what the cops charged on the scene. Any cop can charge someone with something, that doesn't mean that person has a snowball's chance in hell of being convicted.
In fact the law says that a person in this circumstance is IMMUNE FROM CRIMINAL PROSECUTION. O.C.G.A. § 16-3-24.2 This doesn't mean the cop can't arrest you, it only means they cannot prosecute.
There are plenty of only-if's in the situation where deadly force was used. There are no restrictions on this defense for a situation where the implied threat of less than deadly force was used in self defense, other than that the person reasonably believed there was danger to themselves or their property and they were not the aggressor. Don't like it? Don't threaten to ram someone with your car!
This is a law site, and if you are uninterested in the actual law regarding the matter you should not be commenting. -
03-03-2010, 05:06 PMjkRe: Gridlocked Road Rager Shown a Bat, Results in Chargesthere was no threat of personal injury (aka: assault) by B upon A. A did commit an assault. Look up the definition of assault and you will see A is a moron.Quote:
Quoting citizenxo
and here is the statute you listed:
A was not threatened with injury. His property may have been threatened but he wasn't. You need to read the statute where it says "in defense of self or others". It says nothing about using lethal force to defend one's property.Quote:
O.C.G.A. § 16-3-23.1
No duty to retreat prior to use of force in self-defense
A person who uses threats or force in accordance with Code Section 16-3-21, relating to the use of force in defense of self or others, Code Section 16-3-23, relating to the use of force in defense of a habitation, or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.
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03-03-2010, 05:23 PMcitizenxoRe: Gridlocked Road Rager Shown a Bat, Results in Charges
READ THE LAW YOU JUST QUOTED MORE CAREFULLY
"or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force."
Further more, it is a bold faced lie that Abe was not in danger. The person threatened to hit his car at his driver side window.
Georgia is not a state for people who think they have the right to threaten others with a 2000 lb, 150 hp motor vehicle with full protection from the law against any counter measures. -
03-03-2010, 05:32 PMDogmatiqueRe: Gridlocked Road Rager Shown a Bat, Results in ChargesQuote:
Quoting citizenxo
It would be rather cool if you actually had a clue of what you speak, before you posted.
But other than that - if you KNOW the law so well, and you KNOW the answers...why are you here? -
03-03-2010, 05:36 PMcitizenxoRe: Gridlocked Road Rager Shown a Bat, Results in Charges
Obviously not to talk to a bunch of know-nothings like you who post laws without even READING THE LAW THEY JUST POSTED.
Once again as posted but not read by jk:
O.C.G.A. § 16-3-23.1
"or Code Section 16-3-24, relating to the use of force in defense of property other than a habitation, has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force."
If you can't understand or accept this, then you do not qualify to answer questions on a legal advice forum. This is not a forum for naive criminal justice students to troll and shove their poorly reasoned, self-righteous, convaluted bs down other people's throats.