I frequently encounter misunderstandings about self-defense laws, use-of-force laws, and “shoot, don’t shoot” situations—particularly when it comes to protecting property.
One of the most common myths I hear is: “I have a right to shoot anyone who trespasses on my property.”
That is simply not true.
Georgia is a “Stand Your Ground” state, but that law is often misunderstood. Under O.C.G.A. § 16-3-21, the use of deadly force is justified only when a person reasonably believes it is necessary to prevent death, great bodily injury, or the commission of a forcible felony.
In plain terms: the law is about protecting people—not property.
You generally cannot use deadly force solely to protect property. For example, if someone is stealing your car from the driveway, breaking into a shed, or running off with tools from your garage, those situations—by themselves—do not justify deadly force.
Now, there is a related but separate concept known as the “castle doctrine,” covered under O.C.G.A. § 16-3-23. This law allows for the use of force, including deadly force, in defense of a home or occupied vehicle under certain circumstances—particularly if someone unlawfully and forcibly enters.
But even here, the key issue is still the threat to people inside—not just the property itself.
Where people get into serious trouble is when they act against someone who is not an immediate threat. If you shoot a trespasser who is unarmed, fleeing, or otherwise not posing a danger to a person, you can—and likely will—face charges such as aggravated assault, manslaughter, or even murder.
Another point many overlook is civil liability. Even if criminal charges are not filed or do not result in a conviction, you could still face a wrongful death or personal injury lawsuit. The financial consequences of using force improperly can be devastating.
It’s also important to understand that “stand your ground” simply means you are not required to retreat before using lawful force. It does not expand the situations where deadly force is justified—it only applies once the legal threshold for force has already been met.
The bottom line: the law places a higher value on human life than on property. Using deadly force is a last resort, reserved for situations where there is a clear and immediate threat to a person.
As with anything you read here, this is for educational purposes and does not cover every possible circumstance. If you have questions about a specific situation, consult a qualified attorney.
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Now Georgia Crime Reporter Kevin Angell is a career law enforcement professional with experience serving agencies in Florida and Georgia. He is a U.S. Coast Guard veteran who served during Operation Enduring Iraqi Freedom and holds a doctorate in criminal justice from Liberty University. His column, Street Smart, publishes weekly on NowGeorgia.com.
