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Old 12-20-2004, 10:24 PM   #40 (permalink)
MSD
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The first thing I did when I read the part about the guy in the laundry room, even before finishing reading the story, was to look up what Georgia state law says about threat or use of force to defend the home. Here's the relevant section:
Quote:
16-3-23.
A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such otherīs unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.
Let's see how your situation checks out

"to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such otherīs unlawful entry into or attack upon a habitation" ... check

"the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein" ... check

"...is not a member of the family or household ... and the person using such force know or had reason to believe that an unlawful and forceable entry had occurred" ... check

If these fuckers come back, I would warn them to leave my property with the aid of "Exhibit A," a nice shiny shotgun. I wouldn't shoot to kill if they were unarmed, but if they insisted on staying, I wouldn't hesitate to crack one over the head with the butt of the gun.


You shouldn't have to go through this shit, I hope that everything goes smoothly and you're able to move to a new, safe neighborhood where the neighbors wave to each other as they go out to get the morning paper and you can let your child wander around with the neighborhood kids and not have to come home until the streetlights turn on.
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