Ocga 16 4 8: Fill & Download for Free

You mean like, getting together with your best buds over a couple beers and secretly plan how, if you really wanted to, you could get a few guns and do a hostile takeover of a bank, hold people hostage and get away with the money?No, that’s conspiracy to commit a crime.In Georgia, it’s a violation of OCGA § 16-4-8[1][1][1][1].Footnotes[1] 2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION :: § 16-4-8 - Conspiracy to commit a crime[1] 2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION :: § 16-4-8 - Conspiracy to commit a crime[1] 2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION :: § 16-4-8 - Conspiracy to commit a crime[1] 2010 Georgia Code :: TITLE 16 - CRIMES AND OFFENSES :: CHAPTER 4 - CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION :: § 16-4-8 - Conspiracy to commit a crime

Yes. Let’s look at some law from Georgia since that’s where I was a cop, and even though I don’t practice there any more, it’s the criminal law and procedure that I know best. I am licensed to practice law in Georgia, but I’m not you're lawyer, so this isn’t legal advice. Now let’s look…OCGA § 16-3-21(a) provides your basic self defense law:(a) 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 defend himself or herself or a third person against such other's imminent use of unlawful force; however, except as provided in Code Section 16-3-23 , a person is justified in using force which is intended or likely to cause death or great bodily harm only if he or she reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person or to prevent the commission of a forcible felony.Anyone can straight up shoot someone committing a violent felony, but if they leave, you can’t. There’s no no fleeing felon rule to be found in this code section.Now Georgia does allow just about anyone to make a citizen’s arrest. See OCGA § 17-4-60A private person may arrest an offender if the offense is committed in his presence or within his immediate knowledge. If the offense is a felony and the offender is escaping or attempting to escape, a private person may arrest him upon reasonable and probable grounds of suspicion.So what force can a citizen use to affect an arrest? There’s a statute for that, and it applies to anyone who can make a lawful arrest whether they’re officers or citizens.OCGA § 16-3-20(4) provides allows a person making an arrest(4) When the person's conduct is reasonable and is performed in the course of making a lawful arrest;So you can use reasonable force to make an arrest. What’s reasonable force? That is can be hard to pin down. You can declare your intent to make an arrest and then wrestle them to the ground if they try to flee or something like that. It’s a legally perilous action since citizens don’t have qualified immunity, a government agency that has to indemnify them, and most likely doesn’t much about criminal law or how to make an arrest.It isn’t shooting someone unless the use of deadly force in defense of self or others applies. Shooting someone just to apprehend someone can be done in very limited circumstances, but only by a peace officer.OCGA § 17-4-20 (b) in partSheriffs and peace officers who are appointed or employed in conformity with Chapter 8 of Title 35 may use deadly force to apprehend a suspected felon only when the officer reasonably believes that the suspect possesses a deadly weapon or any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury; when the officer reasonably believes that the suspect poses an immediate threat of physical violence to the officer or others; or when there is probable cause to believe that the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.So if an officer, who is paid and empowered to apprehend people on behalf of the citizens of the state is so limited, it’s pretty clear that a citizen wouldn’t be able to do it.Now things can change. If a person tries to make an arrest, and it escalates into a position where that person “reasonably believes that such force is necessary to prevent death or great bodily injury to himself or herself or a third person,” then we’re back dealing with a normal self defense claim. So if you see someone breaking into your car, you can approach them and try to hold them until the police arrive. If they try to get away by swinging a crowbar at you, then deadly force would be reasonable. Aside from something like that…Shooting someone fleeing from a property crime is murder.

In the State of Georgia… you’d go to jail OCGA § 16-10-33:It shall be unlawful for any person knowingly to remove or attempt to remove a firearm, chemical spray, or baton from the possession of another person if:The other person is lawfully acting within the course and scope of employment; andThe person has knowledge or reason to know that the other person is employed as:A peace officer as defined in paragraph (8) of Code Section 35-8-2;A probation officer, or other employee with the power of arrest, by the Department of Corrections;A parole supervisor, or other employee with the power of arrest, by the State Board of Pardons and Paroles;A jail officer or guard by a county or municipality and has the responsibility of supervising inmates who are confined in a county or municipal jail or other detention facility; orA juvenile correctional officer by the Department of Juvenile Justice and has the primary responsibility for the supervision and control of youth confined in such department's programs and facilities.Any person who violates subsection (a) of this Code section shall, upon conviction thereof, be punished by imprisonment for not less than one nor more than five years or a fine of not more than $10,000.00, or both.A violation of this Code section shall constitute a separate offense. A sentence imposed under this Code section may be imposed separately from and consecutive to or concurrent with a sentence for any other offense related to the act or acts establishing the offense under this Code section.