A 50-year-old man received multiple gunshot wounds after allegedly attempting to break into a Macon couple's apartment. The man was seen entering the apartment through the back door, when the apartment's resident grabbed his gun and fired at the intruder. Police are calling the death a justifiable homicide and have not filed charges against the man who shot and killed the alleged burglar.

In Georgia, the violent crime of killing of another person is not classified by degrees as in many other states. There is no first or second degree murder charge in Georgia. Homicide, in Georgia, is classed as one of the following: malice murder, felony murder, voluntary manslaughter or involuntary manslaughter.

Protecting Yourself or Another: Self Defense in Georgia

Each state has its own laws regarding what constitutes self defense and in what situations deadly force may be used to defend yourself, someone else or your property. In Georgia, the use of deadly force, in this case a gun, is allowable only if that person believes it is necessary to prevent his or her own death or the death of another; serious injury to him or herself or a another person; or the commission of a forcible felony.

A forcible felony involves the threat to use, or the use of, physical force or violence against another during the commission of a felony. In Georgia, a felony is any crime that may be punishable by a prison sentence longer than 12 months and up to life in prison, or by death.

When deadly force is used to defend a home, rather than a person, from an intruder, self defense may also be a valid defense to a related homicide. A Macon homicide defense attorney can further explain available defenses to charges of murder or manslaughter.

Source: 13WMAZ, "Police: No Charges For Man Who Killed Alleged Burglar," 28 October 2011