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MinGrey02Stg2

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What are Georgia's laws re civil liability when using justifiable deadly force?

In Florida where I am, you are immune from civil action if your use of force is justified. I know we all don't plan on shooting anyone, but if I did, I would make sure the person was either armed, in my home, trying to get in my vehicle with me in it, or there was a disparity of force. You really need to be aware of the laws in your state and even moreso aware of the political climate we're living in. Don't be a George Zimmerman and don't go chasing "joggers" and you shouldn't have a problem.
 

Weather Man

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What are Georgia's laws re civil liability when using justifiable deadly force?

In Florida where I am, you are immune from civil action if your use of force is justified. I know we all don't plan on shooting anyone, but if I did, I would make sure the person was either armed, in my home, trying to get in my vehicle with me in it, or there was a disparity of force. You really need to be aware of the laws in your state and even moreso aware of the political climate we're living in. Don't be a George Zimmerman and don't go chasing "joggers" and you shouldn't have a problem.

Never been caught in the machine have you? Insurance is a damn good idea.
 

MinGrey02Stg2

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Never been caught in the machine have you? Insurance is a damn good idea.

I have not. But I've worked in the machine on cases involving stand your ground defenses. I've seen it work for many people and also seen many cases where it never even got to the point of filing a motion because the person was never arrested in the first place. If it's clearly a clean shoot (ie, the scenarios mentioned above), the person goes straight home.
 

Weather Man

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I have not. But I've worked in the machine on cases involving stand your ground defenses. I've seen it work for many people and also seen many cases where it never even got to the point of filing a motion because the person was never arrested in the first place. If it's clearly a clean shoot (ie, the scenarios mentioned above), the person goes straight home.

Lawyers are expensive and a person has no idea who will be looking at it criminally or civilly. I could easily see either scenario running a person out of money fast.
 

Weather Man

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Based on his reply my guess is that he is a lawyer.

If he is, I am mystified, he knows better than most how expensive they are and how capricious the criminal and civil justice system is. Hell, if you shoot and seriously injure a bum with no money, the state may have a fiduciary duty to sue you and attempt recovery.
 

ssj4sadie

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If he is, I am mystified, he knows better than most how expensive they are and how capricious the criminal and civil justice system is. Hell, if you shoot and seriously injure a bum with no money, the state may have a fiduciary duty to sue you and attempt recovery.
If he is one, he will definitely point out the fact that he never advocated for not having insurance.
 

Weather Man

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If he is one, he will definitely point out the fact that he never advocated for not having insurance.

Fair point, but life is rarely clear cut. Crooks being crooks, they want all the advantage, which means you are making life or death decisions in seconds and hind sight is always 20/20. You also do not get the same legal scrutiny of action protection that police do.
 

MinGrey02Stg2

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If he is, I am mystified, he knows better than most how expensive they are and how capricious the criminal and civil justice system is. Hell, if you shoot and seriously injure a bum with no money, the state may have a fiduciary duty to sue you and attempt recovery.

The state doesn't have a fiduciary duty to citizens (although it should to taxpayers who have to fund all the nonsense but that's another discussion) and does not file civil suits in these cases. The state files applicable criminal charges.

In your scenario, why would you shoot the "bum with no money"? There are so many scenarios we could go through but I go back to my original statement of being VERY aware of the laws in your state as they relate to justifiable use of force, duty to retreat, etc. and THEN see how those laws apply to civil liability after the fact.

Like I said about my home state of Florida, you are immune from civil suit if your use of force was justified. Could something like the legal shield site posted above be helpful in that situation? Maybe. It couldn't hurt I wouldn't think.
 

Weather Man

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The state doesn't have a fiduciary duty to citizens (although it should to taxpayers who have to fund all the nonsense but that's another discussion) and does not file civil suits in these cases. The state files applicable criminal charges.

In your scenario, why would you shoot the "bum with no money"? There are so many scenarios we could go through but I go back to my original statement of being VERY aware of the laws in your state as they relate to justifiable use of force, duty to retreat, etc. and THEN see how those laws apply to civil liability after the fact.

Like I said about my home state of Florida, you are immune from civil suit if your use of force was justified. Could something like the legal shield site posted above be helpful in that situation? Maybe. It couldn't hurt I wouldn't think.

The bum with no money wanted yours, he stabbed you and you shot him as he turned to run away striking him in the back paralyzing him. Was it justified? Will you be sued civilly to pay for his perpetual care?
 

jeffh81

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The state doesn't have a fiduciary duty to citizens (although it should to taxpayers who have to fund all the nonsense but that's another discussion) and does not file civil suits in these cases. The state files applicable criminal charges.

In your scenario, why would you shoot the "bum with no money"? There are so many scenarios we could go through but I go back to my original statement of being VERY aware of the laws in your state as they relate to justifiable use of force, duty to retreat, etc. and THEN see how those laws apply to civil liability after the fact.

Like I said about my home state of Florida, you are immune from civil suit if your use of force was justified. Could something like the legal shield site posted above be helpful in that situation? Maybe. It couldn't hurt I wouldn't think.


Its 31$ a month covering both me and the wife and considering what could happen worst case I figured it was worth it
 

MinGrey02Stg2

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The bum with no money wanted yours, he stabbed you and you shot him as he turned to run away striking him in the back paralyzing him. Was it justified? Will you be sued civilly to pay for his perpetual care?

Every answer to a legal question typically begins with "it depends." In your scenario, the action would arise from an injury sustained during the commission of a forcible felony and therefore the "bum" would not be able to prevail in a civil suit. He committed at most attempted murder and armed robbery w/ deadly weapon and at least aggravated battery with a deadly weapon.

A case like that probably won't be charged if you really shot him right as he was at arm's length proximity and turning around.

This is how you get charged:
 

ssj4sadie

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Every answer to a legal question typically begins with "it depends." In your scenario, the action would arise from an injury sustained during the commission of a forcible felony and therefore the "bum" would not be able to prevail in a civil suit. He committed at most attempted murder and armed robbery w/ deadly weapon and at least aggravated battery with a deadly weapon.

A case like that probably won't be charged if you really shot him right as he was at arm's length proximity and turning around.

This is how you get charged:
So...you’re a lawyer?
 

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