do i have the right to defend my home from someone who came uninvited to start an argument and refuse to leave after I ask them to.

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do i have the right to defend my home from someone who came uninvited to start an argument and refuse to leave after I ask them to.

I asked them to leave and they refuse and I called 911 him and his girl friend lied that I kicked him

Asked on May 4, 2009 under Criminal Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under Georgia law,  you have no duty to retreat in the use of force (even deadly force) in the defense of self or others, the defense of habitation, and the defense of property other than habitation.  In addition to being immune from prosecution, you are also immune from civil liability for the use of such force.

I think the queston I have is if you say you didn't kick this man then how did you defend yourself?Also, what did this man do to you?  Did he threaten you in some way?  Your best bet is to run this situation past an attoroney in your area, then you'll be prepared for any claim that might be made against you.

 


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