By: William Head, one of America’s best-known criminal defense attorneys, and a Double Dawg from UGA for undergraduate and law school
If you are facing criminal charges after defending yourself in Atlanta or anywhere in the metro Atlanta area, Georgia’s Stand Your Ground law may protect you from prosecution. If you dripped a pin on the map of the Peach State, Atlanta Georgia will be “ground zero” for such crimes. That is why our law firm is based here.
You know that you need a top-rated criminal defense lawyer near me, but most do not know when to start. Whether facing a DUI arrest case or other serious criminal law accusation, you want an Atlanta criminal attorney with “clout” and extensive know-how at you side.
At Kohn & Yager LLC, our criminal defense attorneys defend clients across all 20 metro Atlanta counties — including Fulton, DeKalb, Gwinnett, Cobb, Clayton, Cherokee, Henry, Forsyth, Douglas, and Fayette counties when self-defense can be asserted for a Stand Your Ground case. Our 3 Super Lawyers have been included EVERY YEAR, starting with the very first Super Lawyer list in Georgia all the way to the current 2026 rankings.
The same is true for Martindale ratings (the nation’s oldest dating back to 1868) and have outstanding listings on AVVO, with well over 730 total 5-star ratings.
Call partners Larry Kohn, ex-cop Cory Yager or 50 year Georgia criminal lawyer Bubba Head at 404-567-5515. We will travel STATEWIDE when needed and offer a FREE initial lawyer consultation with a Georgia Stand Your Ground defense lawyer.
What Is Georgia’s Stand Your Ground Law?
Georgia’s Stand Your Ground law is codified in O.C.G.A. § 16-3-23.1. It eliminates the duty to retreat before using force — including deadly force — in self-defense. Under this statute, a person who is in any place where they have a legal right to be will have no obligation to retreat before defending themselves, another person, their home, or their property.
This means that whether you are in a parking lot in Sandy Springs, a store in Lawrenceville, your workplace in Marietta, or your home in McDonough, you are not legally required to flee before using force to protect yourself from an imminent threat. There are far more domestic violence cases each month than stand your ground.
Georgia’s Stand Your Ground law works in unison with several other self-defense statutes:
• O.C.G.A. § 16-3-21 — Use of force in defense of self or others
• O.C.G.A. § 16-3-23 — Use of force in defense of habitation (Castle Doctrine)
• O.C.G.A. § 16-3-24 — Use of force in defense of property
• O.C.G.A. § 16-3-24.2 — Immunity from criminal prosecution
When Can You Use Force Under Georgia Law?
Under O.C.G.A. § 16-3-21, you may use force in self-defense if you reasonably believe that force is necessary to defend yourself or another person against an imminent use of unlawful force. You may use deadly force only if you reasonably believe it is necessary to prevent death, great bodily injury, or the commission of a forcible felony.
The Requirements for a Valid Stand Your Ground Defense
1. You must be in a place where you have a legal right to be. This includes your home, vehicle, workplace, or any public space in Georgia — from a Buckhead restaurant to a Conyers gas station to a Peachtree City sidewalk.
2. You must reasonably believe force is necessary. The threat must be imminent, and your response must be proportional to the danger.
3. You must not be the initial aggressor. If you provoked the confrontation as a pretext to use force, the Stand Your Ground defense does not apply.
4. You must not be engaged in criminal activity at the time of the incident.
Stand Your Ground vs. the Castle Doctrine in Georgia
Georgia law provides two overlapping but distinct self-defense protections:
Stand Your Ground (O.C.G.A. § 16-3-23.1) Castle Doctrine (O.C.G.A. § 16-3-23)
Where it applies:
- Any location where you have a legal right to be
- Your dwelling, motor vehicle, or place of business
- Duty to retreat? No
Force is allowed, including deadly force against imminent threats - Force including deadly force to prevent a forcible entry or attack within your habitation
Key distinction:
- Extends self-defense rights to public spaces
- Specific to defense of your home, car, or business
Understanding the distinction matters because prosecutors in Fulton County, DeKalb County, Gwinnett County, and other metro Atlanta jurisdictions may challenge which statute applies to your situation.
Immunity from Prosecution Under O.C.G.A. § 16-3-24.2
One of the most powerful protections under Georgia law is immunity from criminal prosecution. Under O.C.G.A. § 16-3-24.2, a person who uses force in accordance with Georgia’s self-defense statutes “shall be immune from criminal prosecution”.
Pre-Trial Immunity Hearings
Georgia allows defendants to request a pre-trial immunity hearing before a judge. At this hearing, the prosecution must prove by a preponderance of the evidence that the defendant was not justified in using force. If the judge determines that the defendant acted lawfully, the case can be dismissed before it ever reaches a jury trial.
This is a critical advantage. A successful immunity hearing means no trial, no jury, and no conviction — your criminal case is over. Our attorneys have represented clients in pre-trial immunity hearings in courthouses across metro Atlanta, including in Fulton County Superior Court, Cobb County Superior Court, DeKalb County Superior Court, and Gwinnett County Superior Court.
How Stand Your Ground Cases Are Prosecuted in Metro Atlanta
Prosecutors across the 20-county Atlanta metro area handle Stand Your Ground cases differently. District attorneys in Fulton County, Cobb County, Clayton County, and Gwinnett County may aggressively prosecute cases where the self-defense claim is disputed.
Common Prosecution Strategies
• Arguing that the defendant was the initial aggressor
• Challenging whether the defendant’s belief of imminent threat was reasonable
• Presenting evidence that the force used was excessive or disproportionate
• Claiming the defendant was engaged in unlawful activity at the time
An experienced Georgia Stand Your Ground attorney can counter each of these strategies with witness testimony, forensic evidence, surveillance footage, and expert expertise.
Penalties If a Self-Defense Claim Fails
If the Stand Your Ground defense is unsuccessful, the underlying criminal charges carry severe penalties under Georgia law:
• Murder (O.C.G.A. § 16-5-1): Life in prison or death penalty
• Voluntary Manslaughter (O.C.G.A. § 16-5-2): 1 to 20 years in prison
• Aggravated Assault (O.C.G.A. § 16-5-21): 1 to 20 years in prison
• Aggravated Battery (O.C.G.A. § 16-5-24): 1 to 20 years in prison
• Felony Murder: Life in prison
The stakes are extraordinarily high, which is why retaining an experienced criminal defense lawyer immediately is essential.
Serving Atlanta & the 20-County Metro Area
No matter where in the Atlanta metro your incident occurred — or statewide, we have dealt with the local court personnel, most judges, and many of the prosecutors. In addition, with our Firm’s 95+ cumulative years of criminal defense experience, we know how to build a compelling defense.
Frequently Asked Questions About Georgia’s Stand Your Ground Law
(a) Does Georgia’s Stand Your Ground law apply in public places?
Yes. Under O.C.G.A. § 16-3-23.1, the law applies anywhere you have a legal right to be — including sidewalks, parks, parking lots, stores, restaurants, and workplaces throughout the Atlanta metro area.
(b) Do I have a duty to retreat before using force in Georgia?
No. Georgia law explicitly eliminates the duty to retreat. You may stand your ground and defend yourself if you reasonably believe force is necessary.
(c) Can I get my case dismissed before trial?
Yes. Georgia law allows a pre-trial immunity hearing under O.C.G.A. § 16-3-24.2. If the judge rules your use of force was justified, your case may be dismissed entirely.
(d) What is the difference between Stand Your Ground and the Castle Doctrine in Georgia?
The Castle Doctrine (O.C.G.A. § 16-3-23) applies specifically to defense of your home, vehicle, or place of business. Stand Your Ground (O.C.G.A. § 16-3-23.1) extends the no-duty-to-retreat principle to any location where you have a legal right to be.
(e) Can I use deadly force to defend someone else in Georgia?
Yes. O.C.G.A. § 16-3-21 allows you to use force, including deadly force, to defend a third person if you reasonably believe they face imminent death or great bodily harm.
(f) What happens if the prosecutor says I was the aggressor?
If the prosecution can prove you initiated the confrontation or provoked the attack, your Stand Your Ground defense may fail. However, if (after starting the conflict) you withdrew from the physical encounter (or tried to by communicating your withdrawal), you may still be able to claim self-defense.
Contact a Georgia Stand Your Ground Lawyer Today
If you used force to defend yourself or someone else in Atlanta, Marietta, Decatur, Lawrenceville, Canton, Cumming or anywhere in the 20-county metro Atlanta area, you need an experienced criminal defense attorney on your side immediately. When you can speak to one of our three law partners (who are ALL multiple publication legal book co-authors) you can be assured that all crimes ranging from white collar crimes to DUI cases can be expertly defended.
Call our 24-hour number now: 404-567-5515 now or contact us online for a free consultation. We are available 24/7 to fight your case and protect your rights and your freedom.