While the lawfulness of defense of life and property would logically be a given, that is unfortunately not always the case. A recent incident in Atlanta in which a homeowner was incarcerated after confronting an alleged burglar highlighted this injustice.
It all came as a surprise to 51-year-old Yoshay Carter, who found himself on the wrong end of the law early Friday morning.
Homeowner faces a serious charge despite being the victim of an alleged burglary attempt
The suspect, described only as a male under the age of 18, allegedly tried to break into Carter’s vehicle just before 3 a.m. The homeowner quickly acted to counter the threat by shooting the young man in the foot.
The suspect was transported to a children’s hospital for treatment.
As for Carter, he was later arrested and charged with aggravated assault for allegedly shooting the youth. Despite a Georgia law that appears to exonerate the shooter, he was booked into the Fulton County jail.
It is unclear exactly how much legal trouble the shooter faces
In the Peach State, it is lawful to exercise “force in defense of property other than a habitation.” Such as a vehicle.
Georgia law also allows a person who believes that there will be criminal interference in property they lawfully possess to threaten or resort to force. The sticking point is that force likely to cause death or significant bodily harm cannot be used to protect property unless to prevent a “forcible felony.”
Without knowing the specifics of the encounter, it is still reasonable to assume that Carter did not intend to inflict lethal harm on the suspect. A shot in the foot is hardly life-threatening, and there is no word if the suspect was armed.
There is no duty to retreat in Georgia when faced with a violent criminal. It will therefore be interesting to note just how much legal trouble Carter faces going forward.
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