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Let me tell you about my client’s case in Hall County, Georgia that we just won in October, 2025.  Domestic argument turns physical. Her boyfriend hits her in the face. Then he grabs her phone and smashes it against the wall.

She grabs a samurai sword off the wall rack and strikes him with it to get him to back off. He gets a small puncture wound near his eyebrow.

She gets arrested for aggravated assault with a deadly weapon. The case gets an indicted by a grand jury (read this post to learn all about that system), and she is now facing up to 20 years in prison!

You know what happened? The case got dismissed; completely thrown out before trial even started.

How? Georgia’s self-defense immunity law—O.C.G.A. § 16-3-24.2—allows judges to actually look at the facts of the case and decide whether it should proceed to trial (yes, even after a grand jury indicted the case).

The Grand Jury Indictment

A Hall County grand jury returned a “True Bill” of indictment against my client for Aggravated Assault, Family Violence (Felony). (I put a copy of it at the end of the post).

Here’s what the indictment says—and pay attention to how they worded it:

“[Client] did knowingly make an assault upon the person of [victim Boyfriend] with a sword, an object which when used offensively against a person is likely to result in serious bodily injury by brandishing a sword and striking [victim Boyfriend] with said sword…”

Notice what’s missing? Any mention that he hit her. Any mention that he destroyed her phone. Any context whatsoever about why she grabbed that sword.

Just: woman struck man with sword. Aggravated assault.

Remember what I said in my other post about grand juries? The prosecutor presents their version of events, no defense attorney present, no real record of what was said. People vote yes, and boom—you’re indicted.

That’s exactly what happened here. 

Enter Georgia’s Self-Defense Immunity Law

Here’s where Georgia law actually gets it right for once.

O.C.G.A. § 16-3-24.2 says that if you use force in accordance with Georgia’s self-defense statutes, you “shall be immune from criminal prosecution.”

Not just that you have a defense at trial. Immune from prosecution! Meaning the case gets dismissed before you ever face a jury.

This applies to people who use force under:

• O.C.G.A. § 16-3-21: Defense of self or others
• O.C.G.A. § 16-3-23: Defense of property
• O.C.G.A. § 16-3-23.1: Use of force in defense of habitation
• O.C.G.A. § 16-3-24: Use of force in defense of property other than a habitation

The key statute here is 16-3-21—defense of self or others.

What the Self-Defense Law Says

Under O.C.G.A. § 16-3-21, you can use force to defend yourself when you reasonably believe it’s necessary to prevent:

• Death or great bodily injury to yourself
• The commission of a forcible felony

You can even use deadly force if you reasonably believe it’s necessary to prevent one of those things.

But here’s the catch—there are exceptions. You cannot claim self-defense if:

• You were the initial aggressor (unless you clearly withdrew and the other person kept coming)
• You were committing a felony
• You provoked the incident with the intent to use force

The Immunity Hearing: Your Chance to End It Early

This is where Georgia’s law gets really interesting.

If you’re charged with a crime and you claim self-defense, you don’t have to wait for trial. You can file a motion for immunity under O.C.G.A. § 16-3-24.2.

The judge holds a hearing—before trial, before a jury ever gets involved. At this hearing:

1. You have the burden of proof. That’s right—unlike a criminal trial where the State has to prove you’re guilty beyond a reasonable doubt, at an immunity hearing, you have to prove you acted in self-defense.  So you need to call witnesses.  In this hearing, I called 3 witnesses–1) the person who called 911, 2) the police officer who came to the scene, and 3) my client.
   
2. The standard is “preponderance of the evidence.” That means more likely than not—basically 51%. Much lower than “beyond a reasonable doubt.”  And a special hat tip to a brand new Georgia Supreme Court case that reemphasizes what “preponderance” actually means.
   
3. If you win, the case is dismissed. Done. Over. The State cannot continue prosecuting you.
   
4. If you lose, you can still argue self-defense at trial. You get two bites at the apple—the immunity hearing and then trial.
   

What to Do If You’re Charged After Defending Yourself

If you used force to defend yourself and got arrested anyway, here’s what you need to know:

1. Get a Lawyer Immediately

Do not try to handle a self-defense claim on your own. Immunity hearings are complex, and you need someone who knows how to present the evidence and argue the law.

2. Preserve Evidence

Everything matters: photos of your injuries, medical records, text messages showing threats or abuse, witness statements, anything that shows you were defending yourself.

3. Don’t Talk to Police Without Your Lawyer

Anything you say can be twisted. Even your self-defense explanation can be used against you if you phrase it wrong. Shut up and get a lawyer.

4. Consider an Immunity Hearing

If the facts support self-defense, an immunity hearing can end your case before trial. Talk to your lawyer about whether you have a strong enough case.

5. Know Your Rights

You have the right to defend yourself in Georgia. You have the right to use reasonable force. You have the right to an immunity hearing. Know these rights and use them.

Good Judges Make All the Difference

Here’s what I want you to understand: Cases can actually be won in court.

I know that sounds obvious, but a lot of people facing criminal charges don’t believe it. They think the system is rigged against them. They think once you’re arrested and charged, you’re done.

That’s not true.

Yes, my client got arrested when she shouldn’t have. Yes, she got indicted by a grand jury. Yes, the DA’s office fought us on the immunity motion.

But when we got in front of the judge—a good judge who was willing to look at the facts and apply the law correctly—we won.

The truth came out. The evidence spoke for itself. And justice was done.

That doesn’t happen in every case. I’m not going to lie to you and say every judge is thorough and fair. Some judges rubber-stamp whatever the prosecutor wants.  And, some judges root more for the defense.  

But many good judges exist. Judges who take their jobs seriously. Judges who actually look at the evidence and listen to the testimony. Judges who understand that not everyone who gets arrested is guilty.

My client’s case is proof that the system can work.

What This Means for You

If you’re facing criminal charges after defending yourself, don’t give up.

My client could have pled guilty. A lot of people in her situation do—they’re scared, they think they can’t win, they just want it to be over. They take a plea deal that gives them probation or a reduced charge, and they walk away with a criminal record for defending themselves.

We fought. And we won.

That’s what immunity hearings are for. That’s why we have self-defense laws. That’s why it matters to have a lawyer who knows how to present your case and a judge who’s willing to listen.

My client walked into my office facing up to 20 years in prison. She walked out of court with her case dismissed and her record clear.

That’s not luck. That’s preparation and presentation.

Georgia’s immunity law isn’t perfect—plenty of people still get wrongfully prosecuted for defending themselves. But when it works right, it can save innocent people from being punished for protecting themselves.

If you’re in a situation where you had to use force to defend yourself, don’t assume you’ll be treated fairly by police or prosecutors. They might arrest you. They might charge you. A grand jury might indict you.

But that doesn’t mean you’re guilty. And it doesn’t mean you’ll be convicted.

Get a good lawyer. Fight for your immunity. Make them prove you weren’t defending yourself.

Because in Georgia, self-defense isn’t just a trial defense—it’s a right to immunity from prosecution.

Use it.