Legal Question in Criminal Law in Georgia

My husband who is a licensed security guard was on duty and approched by an agressive pit bull. When the dog charged at him, he fired a warning shot into the ground in front of the dog. He did not aim at the dog on purpose. The city arrested him on discharging a fire arm in city limits, and endangering public safety. Shouldn't what he did fall under self defense? They now want to combine both charges and plead out to wreckless conduct. This will be on his record. Should he have let the dog bite him, or gone ahead and shot it?


Asked on 4/27/12, 5:27 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Your husband has two choices.

He can continue to risk a criminal record, lose his job as a security guard (and never be able to carry a gun again), and keep having his wife be his attorney on online websites.

Or he can realize that he has been extremely foolish is talking to the prosecutor with you as counsel, retain a real lawyer, and discuss defenses he may have for a trial. Self-defense may be a defense which, with counsel, could properly be raised in court, depending on the facts.

There are serious consequences to any guilty plea, and this is one situation where he has a legal emergency, and cannot resolve it online. He should already have retained counsel.

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Answered on 4/27/12, 5:41 am
Lawrence Lewis Lawrence Lewis, P.C.

Is your question meant to be rhetorical? Of course, he should not have allowed the dog to bite. That is not the issue. The issue is: Do you intend to retain an attorney to argue that to a jury, or will your husband take a plea, and whine about how the prosecutor should have dismissed the charges? That is the issue. See website on how to find the right attorney: www.lawrencelewispc.com

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Answered on 4/27/12, 7:41 am


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