As you saw in Rear-Ended, Then Defended Part 1, no one was hurt, and our member Jeremy was neither arrested nor charged. Unfortunately, this isn’t always the case. In Part 2, we will dive deeper into the law, where Independent Program Attorneys will explain the road rage self-defense laws from your state.
Watch the video below to see your Independent Program Attorney – Matt Kilgo – explain the road rage self-defense laws for Georgia.
Sherry: Welcome back to Part II of Rear-Ended, Then Defended. As you remember from the last video, Jeremy’s truck was surrounded by three hostile men after a minor accident.
Fearing for his son’s safety, as well as his own, Jeremy retrieved his firearm from his glove compartment to stop the attack. In this instance, Jeremy’s quick actions deescalated the situation and prevented further threat to him and his child. However, his decision to leave his vehicle while brandishing a firearm his decision to leave his vehicle while brandishing a firearm is not a lawful action in every state.
That’s why I asked your Independent Program Attorney to clarify the law where you live.
Matt: I believe Jeremy’s actions could have been justified under Georgia law. Remember, you have the right to protect yourself under the use of threats, force and even deadly force. Threats and force when you have a reasonable belief it’s necessary to protect against the imminent use of unlawful force. In this scenario, with three men surrounding his car, it’s very easy for Jeremy to determine that his life, or the life of his infant, might have been in jeopardy. But when the back window was smashed, ostensibly with some type of weapon, that escalates from the point to where he had some reasonable belief force may be used against him to actual force having been used on something he controls.
In that scenario, we can consider that aggravated assault, assault with the intent to murder, rape or rob, or assault with a deadly weapon. In either scenario, Jeremy would have been justified in the use of deadly force to protect himself and his infant son. Because of that, I believe it would have been totally justified and proper to use his firearm to protect himself and his son by whatever means he could, and that’s the goal.
You know in Georgia you can protect anyone by the use of threats of force, force, or deadly force. I believe in this scenario Jeremy’s use of force and threats of force was totally justified.
Sherry: All too often our members find themselves in similar road rage situations all over the country. Please remember, if you are ever in a road rage situation drive to a safe, public location away from the aggressor. However, if you are forced to display, or use your firearm, call 911 first then call your attorney answered emergency hotline located on the back of your member card.
When it comes to legal defense for self-defense we’ve got you covered.
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