Legal Question in Criminal Law in Georgia

Re: Is Self Defense a right?

This sounds very similar to a case I confronted in 1997 involving a boy who was jumped in class by three others while a substitute teacher turned his back. It was in Fulton. They decided to suspend him, too to be "politically correct" (racial issues), but the facts were clear that he acted in self-defense and the proposed suspension was reversed, Unless the school has promulgated a rule barring the right of self-defense and requiring the student to submit to a beating, I think she is likely on good ground if the facts bear out her assertion of self-defense. The relevant law is OCGA 16-3-21, regarding the use of force in defense of a person. Acting under this law prevents any crime, so unless the school is claiming self defense does not exist in their system, she has a basis to complain. The suspension should be aggressively challenged. We were succesful in that case in getting him reinstated and the other kids expelled, although they did try to bring retaliatory charges against my client, which were defeated. Frankly, that whole incident had very racial overtones.

If interested in further assistance, feel free to e-mail me at [email protected], or call me at (404) 617-7407, and we can talk through it. No student should have to submit to a beating as a condition of an eduction.