No, Iām not wrong. This is 1L CrimLaw stuff.
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I was referring to being stopped in the road and out of their vehicle. Perhaps even there knowing Arbery was going to jog by.
Irrelevant, under the law until they unlawfully point a firearm at you they havenāt committed a crime.
Further, he wasnāt shot until after he got in a grapple for the shotgun.
Yes you are wrong. How many times have you made this argument successfully in front of a jury? 0, Right?
Completely irrelevant. If murder was their intent they had ample opportunity to gun him down before he got in a grapple for the shotgun.
Under the law no it doesnāt, not until they use the firearm unlawfully to threaten you by pointing it in your direction. Iāve already posted the statute, read it.
how many times have you presented a case before a jury?
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As an expert witness many. I also am specifically licensed to teach self defense and firearms law which puts me miles ahead of the non lawyer.
No, Iām not wrong. Thatās why despite your Google searches and your extensive reading of the case law, you havent found anything to contradict what Iāve said.
I know how you love definitions, so letās start there.
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in georgia feleony murder is a capitol crime
georgia lawā¦
ARTICLE 1 - HOMICIDE
Ā§ 16-5-1 - Murder; felony murder
O.C.G.A. 16-5-1 (2010)
16-5-1. Murder; felony murder
(a) A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.
(b) Express malice is that deliberate intention unlawfully to take the life of another human being which is manifested by external circumstances capable of proof. Malice shall be implied where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.
Ā© A person also commits the offense of murder when, in the commission of a felony, he causes the death of another human being irrespective of malice.
(d) A person convicted of the offense of murder shall be punished by death, by imprisonment for life without parole, or by imprisonment for life.
Letā start with the actual statute which I have already posted ācounselorā.
O.C.G.A. 16-5-41 (2010)
16-5-41. False imprisonment
(a) A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.
(b) A person convicted of the offense of false imprisonment shall be punished by imprisonment for not less than one nor more than ten years.
Ā© Any person convicted under this Code section wherein the victim is not the child of the defendant and the victim is less than 14 years of age shall, in addition, be subject to the sentencing and punishment provisions of Code Section 17-10-6.2.
where they not trying to detain him?
And unless he/she did the shooting they arenāt going to face execution for it, they will get life or life without parole.
They tried to stop and ostensibly talk to him.
Had they pointed weapons in his direction unlawfully that burden is met but thereās no evidence to suggest that they did.
Merely being in possession of a firearm at the time doesnāt meet that burden.
Yeah, weāve all seen the statute.
The issue is, youāre not understanding what āarrests, confines, or detainā means, in this particular legal sense.
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according to them they where trying to detain him.
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Yet Iāve demonstrated that I have as opposed to what you keep pulling.
Iāll leave it to actual attyās practicing in GA to convince me they unlawfully detained him.
Which isnāt necessarily unlawful.
there are countless cases were so called expert witness were shown to be blowing hot air
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can you just randomly detain people in GA without a crime.
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