The use of excessive force is a complex legal concept primarily related to exceeding the limits of necessary defense (self-defense) or using disproportionate force when apprehending a criminal. In Georgia, the law protects a person's right to defend their own or another's life, health, and property from attack, but this right is not unlimited. When defense is clearly disproportionate to the nature and danger of the attack, we are dealing with exceeding the limits of self-defense, which leads to criminal liability. This is a very specific category where the line between lawful defense and crime often depends on split-second decisions, making the assistance of a qualified lawyer critically important.
Role of a Lawyer in Excessive Force Cases
When facing charges of excessive force, the main task of the defense is to prove that the accused's actions were adequate relative to the existing threat. The service includes:
- Incident Reconstruction: Detailed study of the scene, analysis of trajectories, distances, and angles of impact to establish the real picture of the attack.
- Assessment of Affective State: Often, excess occurs in a state of strong emotional agitation (affect). The lawyer works with experts to determine the psycho-emotional state of the accused during the incident.
- Proportionality Analysis: Legal argumentation as to why the force used was necessary in the specific situation to repel the attack.
- Finding Witnesses and Evidence: Locating neutral witnesses and obtaining CCTV footage that will confirm the aggressiveness of the attack.
Typical Scenarios
Charges of excessive force can be brought against both ordinary citizens and law enforcement officers. Examples include:
- Home Invasion Defense: A citizen uses a firearm or melee weapon against a burglar intruding into their home, resulting in the burglar's death or severe injury.
- Street Fight: During a physical confrontation, one party uses more force than necessary to stop the attack (e.g., striking a fallen opponent).
- Apprehending a Criminal: A citizen or security guard detains a thief and inflicts severe injury when resistance had already ceased.
Georgian Legislation
The issue is regulated by the Criminal Code of Georgia. The main articles are: Article 113 (Murder exceeding the limits of necessary defense) and Article 121 (Intentional severe or less severe bodily injury exceeding the limits of necessary defense). Also important is the General Part of the Criminal Code, which defines "necessary defense" and "measures for apprehending a criminal." The law explicitly states that there is no excess if the person could not assess the nature of the threat due to the suddenness of the attack. Lawyers also use the provisions of the Constitution of Georgia regarding the right to protect life and property.
Process Flow
Case proceedings require active involvement:
- Investigation Stage: Appointment and conduct of expertise (medical, ballistic, traceology). The lawyer monitors the accuracy of the findings.
- Indictment: The lawyer evaluates the formulation of the charge and requests reclassification of the act or termination of prosecution if the act falls within the limits of necessary defense.
- Court: Proving before a jury or judge that the accused's actions were instinctive and defensive in nature.
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