in determining whether probable cause exists, the totality of the circumstances must be considered. whether probable cause existed is for the determination of the jury. now, an arrest is defined as the taking, seizing, or detaining of the person of another either by touching or putting hands on him or by any act indicating an intention to take such person into custody and which subjects such person to the actual control and will of the person making the arrest. an arrest can occur even when a subject is not told that he is under arrest. a person is authorized to use in making a lawful arrest only that degree of force that is reasonably necessary to accomplish the arrest. the mere fact that a lawful arrest is being made does not give the person the right to use excessive force or an unlawful
rather, it is sufficient if you, the jury, should find beyond all reasonable doubt that the defendants committed the crime in at least one of the ways alleged. now, ladies and gentlemen, the defendants have raised a defense that even if nay committed the acts described in the indictment, there are circumstances that justify it. once this defense is raised, the state must disprove it beyond a reasonable doubt. the fact that a person s conduct is justified is a defense to prosecution for any crime based on that conduct. the defense of justification can be claimed, a, when the person s conduct is justified as the use of force in defense of self or when the person s conduct is
of force is necessary, and three, the defendant s reasonable bleach must be what prompts him to threaten or use force. a person who is not the aggressor is not required to retreat before being justified in using force he reasonably believes to be necessary. a defendant is not justified in using excessive force while acting in self-defense. if you decide that a defense used more force than was reasonably necessary to defend against the alleged victim s threats or use of force, then the defendant s actions would not be justified. now, if, after considering the testimony and evidence presented to you, together with the charge of the court, you should find and believe beyond a reasonable doubt that a defendant in glynn county, georgia, did, on february 23rd, 2020, commit the offenses as alleged in the indictment, you would be authorized to find the defendant
degree of force upon the person being arrested. one upon whom an illegal or unlawful arrest is being made has the right to resist the arrest if such force as is let me read that again. one upon whom an illegal or unlawful arrest is being made has the right to resist the arrest with such force as is reasonably necessary to prevent the arrest. a person commits the offense of criminal trespass when that person knowingly and without authority, a, enters upon the land or premises of another person for an unlawful purpose, b, enters upon the land or premises of another person after receiving, prior to entry, notice from the owner, rightful occupant, or upon proper identification an authorized representative of the owner or rightful occupant that entry is
a defendant is not justified in threatening or using force if he provokes the threat or use of force, intending to use that threat or force as an excuse to harm the other person, is committing a felony, aggravated assault, false imprisonment, and criminal attempt to commit false imprisonment are felonies that have been previously defined, or is the unjustified initial aggressor, unless he withdraws from the encounter and clearly communicates to the other person his intent to withdraw and the other person continues or threatens to continue the use of unlawful force. for a defendant s threat or use of force to be justified, one, the defendant must believe that his threat or use of force is necessary, two, that belief must be reasonable, that is, a reasonable person would also believe that the threat or use