What is the difference between being charged with assault and being convicted?

Being charged with assault means the government has determined there is probable cause to bring a criminal case against you — it does not mean you will be convicted. Officers make charging decisions based on initial observations and reports, without adjudicating your self-defense claim on the scene. The determination of whether your use of force was legally justified belongs to a prosecutor, a judge, or a jury. Even a clear case of lawful self-defense can result in a formal charge and an arrest. What matters is how effectively your attorney asserts and develops the justification defense throughout the proceedings. A charge that is properly defended can result in dismissal, acquittal, or a pretrial ruling in your favor under Georgia's Stand Your Ground law.

How does Georgia's Stand Your Ground law apply to an assault charge?

Georgia's Stand Your Ground law, codified at O.C.G.A. § 16-3-23.1, provides that a person who is in a location where they have a legal right to be is not required to retreat before using force in self-defense. This law also creates a mechanism for a pretrial immunity hearing, at which a defendant can ask a judge to rule that the use of force was legally justified before the case ever reaches trial. If the court grants immunity, the charge is dismissed. This pretrial avenue can be a powerful tool in appropriate cases and is one of the key reasons why early and experienced legal representation is critical when facing an assault charge rooted in a self-defense claim.

Why does legal representation matter in a self-defense assault case?

The outcome of an assault case grounded in self-defense depends almost entirely on how the justification defense is developed and presented. An experienced criminal defense attorney will evaluate all available evidence, identify and interview witnesses, review video footage, and build the factual record needed to support the defense. Counsel must also determine the proper procedural avenue — whether to pursue a pretrial Stand Your Ground immunity motion under O.C.G.A. § 16-3-23.1, raise the defense at trial, or both. A poorly presented self-defense argument that could have succeeded may instead result in a conviction. Retaining an attorney with deep experience in Georgia justification defenses is essential from the moment charges are filed.

How can Brett Willis Law LLC help with an assault charge involving self-defense in Georgia?

Brett Willis Law LLC defends clients charged with assault and violent crimes throughout Gainesville, Hall County, and North Georgia, including cases where self-defense or justification is the central issue. Attorney Brett Willis — named to The Fulton County Daily Report's 10 Lawyers You Need to Know, recognized as a Harvard Law School Trial Advocacy Program Instructor, and rated by Super Lawyers — brings substantial trial experience and command of Georgia's justification statutes to every case. The firm evaluates whether a pretrial Stand Your Ground immunity hearing is appropriate, builds the evidentiary record to support the defense, and is fully prepared to take the case to trial when necessary. Contact Brett Willis Law LLC for a free consultation.

Can I Be Charged with Assault if I Acted in Self-defense?

Yes — you can absolutely be charged with assault even if you acted in self-defense. Being charged with a crime and being convicted of that crime are two entirely different things, and that distinction is critical to understanding how self-defense works in the Georgia criminal justice system.

Charges vs. Conviction: An Important Distinction

Law enforcement officers make charging decisions based on the facts as they initially observe or report them. If someone alleges that you struck, threatened, or harmed them, an officer may have probable cause to charge you with assault or battery regardless of the circumstances that led to the confrontation. The officer is not required to adjudicate your self-defense claim on the scene. That determination belongs to a prosecutor, a judge, or a jury.

This means that even a textbook case of lawful self-defense can result in an arrest and a formal charge. The charge being filed does not mean the government will ultimately prevail, but it does mean you are now in the criminal justice system and the burden is on you — through your attorney — to assert and establish your defense.

How Self-Defense Works as a Legal Defense in Georgia

Georgia law recognizes the right to use force in self-defense under specific circumstances. Under O.C.G.A. § 16-3-21, a person is justified in using force against another person when they reasonably believe that such force is necessary to defend themselves or a third party against another’s imminent use of unlawful force. Georgia also has a Stand Your Ground law, codified at O.C.G.A. § 16-3-23.1, which provides that a person is not required to retreat before using force in self-defense when they are in a place where they have a legal right to be.

However, self-defense is an affirmative defense — meaning it must be properly raised and argued. It does not apply automatically. The facts must support it, and the defense must be presented effectively at the right stages of the case, whether that is during pretrial proceedings, at a immunity hearing under Georgia’s Stand Your Ground law, or at trial.

Why Legal Representation Matters in These Cases

The difference between a charge resulting in conviction and a charge that gets dismissed or results in an acquittal often comes down to how effectively the self-defense argument is developed and presented. An experienced criminal defense attorney will evaluate the evidence, identify witnesses, review any available video footage, and build the factual record necessary to support the justification defense. In appropriate cases, counsel may pursue a pretrial immunity motion under Georgia’s Stand Your Ground law, which — if granted — can result in the charge being dismissed before trial.

If you have been charged with assault or any related offense after acting in what you believe was self-defense, the most important step you can take is to retain an attorney who understands how to properly raise and argue justification defenses under Georgia law.

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!