The Military's Choice, Not the Individual's: A Legal Defense for Veterans
By Dr. Correo Hofstad - USAF MDiv, JD, JSD Founder, Operation Restoring Valor
In the State of Georgia, the legal standard for self-defense hinges on two words: "Reasonable Belief." For a civilian, this is a subjective assessment made in the heat of the moment.
For a United States Veteran, this "belief" is not a choice. It is a programmed response installed by the United States Government.
Under Operation Restoring Valor, we assert that when a veteran identifies a threat, they are not guessing; they are executing a validated military protocol. The "choice" to believe a threat exists was made years ago in Basic Training, not in the split second before the engagement.
Georgia Code § 16-3-21 states that a person is justified in using force when they "reasonably believe" that such force is necessary to defend themselves or others from imminent harm.
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Civilian Belief: Based on fear, emotion, and limited experience.
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Veteran Belief: Based on Rules of Engagement (ROE) and threat identification training.
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The Defense: When a soldier acts, they are applying a federal standard of "reasonableness" that is far more rigorous than the civilian standard. Their belief is a recognition of facts (weapon + intent + delivery system = threat). Once the criteria are met, the response is mandatory, not optional. The military made the choice; the veteran is the instrument.
Georgia is a Stand Your Ground state. O.C.G.A. § 16-3-23.1 explicitly states that a person who is justified in using force "has no duty to retreat and has the right to stand his or her ground."
For a veteran, "standing ground" is not just a right; it is a General Order: "To take charge of this post and all government property in view."
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Retreat is Dereliction: In military doctrine, abandoning a position without orders allows the enemy to flank and destroy the unit.
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The Conflict: To ask a veteran to retreat is to ask them to violate their core programming. They stand their ground because they are trained that retreat equals death---for themselves and the community they protect.
Georgia law provides a powerful shield: Immunity from Prosecution. Under O.C.G.A. § 16-3-24.2, a person who uses justified force is immune from criminal prosecution unless they used an unlawful weapon.
We do not wait for a jury. We file a Motion for Immunity immediately.
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The Argument: We present the veteran's DD-214 and training records to prove that their response was a "Programmed Response" to a lethal threat.
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State Secrets: If the prosecution challenges the specifics of the training that conditioned this response, we invoke the State Secrets Privilege. We cannot explain why the veteran knew the threat was lethal without revealing classified tactical information.
Georgia allows force to defend a third person (O.C.G.A. § 16-3-21).
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Forward Units: Many veterans served in units responsible for securing populations from insurgents. They view the American public as the "protected population."
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Intervention: When a veteran stops a violent crime, they are not being a vigilante; they are executing a Force Protection mission. They are engaging a hostile actor to secure the safety of the community.
The United States Government spent millions of dollars to train the veteran to react instantly to lethal threats. In Georgia, we argue that this training constitutes the "Reasonable Belief."
The veteran did not choose to be afraid. The veteran recognized a threat profile and executed the solution. The choice was made by the military; the action was taken by the soldier.
Stand Your Ground. Trust Your Training. Restore Valor.