Archive for category: Blog

By Scott Smith
Peach State Lawyer
Atlanta Criminal Defense Attorney

March 27, 2026

If you ever have to use force to protect yourself or your family in Georgia, the rules of the game might be about to change—and for once, the change actually favors the good guys.

A bill moving through the Georgia Legislature would flip the script on self-defense claims. Right now, if you raise a justification defense under OCGA 16-3-21, you carry the burden of proving it was reasonable and necessary. The new proposal would put that burden squarely on the shoulders of the State.

How Self-Defense Works in Georgia Today

Under current law, self-defense (including “stand your ground” situations with no duty to retreat) is treated as an affirmative defense. That means:

• You have to introduce evidence supporting your claim.
• At a pretrial immunity hearing or at trial, you generally must show by a preponderance of the evidence that your actions were justified.
• The State doesn’t have to disprove your defense unless and until you meet your initial burden.

We’ve seen this play out in high-profile cases. The men convicted in the Ahmaud Arbery shooting tried to claim self-defense and still lost because they couldn’t carry that burden to the jury’s satisfaction.

What the New Bill Would Change

The legislation (tied to efforts like Senate Bill 572 and related House measures) would:

• Allow defendants to file for pretrial immunity shortly after being charged.
• Require the State to prove—by clear and convincing evidence—that the use of force was not justified.
• Create a rebuttable presumption in favor of the defendant in qualifying self-defense cases.
• Give people with legitimate self-defense claims a real shot at getting the case dismissed early, before enduring the full stress and expense of a criminal trial.

In plain English: Instead of you having to prove you were right to act, prosecutors would have to prove you were wrong. That’s a meaningful shift, especially in close cases where the facts are messy and emotions run high.

Supporters argue this better protects the presumption of innocence and gives law-abiding Georgians a fairer shake when they defend themselves. Critics claim it will make prosecutions harder and could shield people who shouldn’t be protected. Both sides have a point—but from where I sit in the defense trenches, this is a tool that could help keep innocent people out of prison.

Why This Matters If You’re Facing Charges

Self-defense cases are never simple. They often involve split-second decisions, conflicting witness accounts, and intense scrutiny of your actions. A pretrial immunity hearing with the burden on the State gives your defense team an earlier, stronger opportunity to end the case.

If this bill passes and becomes law, it could apply to pending cases depending on timing and effective date provisions. Even before it passes, understanding these evolving standards is critical when building a defense strategy.

Bottom Line

Georgia law already recognizes your right to stand your ground when you reasonably fear for your life or safety. This proposed change would make that right more meaningful in the courtroom by forcing the government to do the heavy lifting.

If you or a loved one is under investigation or has been charged in a self-defense, use-of-force, or stand-your-ground case in Atlanta, Fulton County, or anywhere in Georgia, you need experienced counsel who knows how to fight these battles. The difference between winning and losing often comes down to early strategy and understanding every available legal tool.

Contact our office today for a confidential consultation.
Scott Smith
Peach State Lawyer
100 Peachtree Street, Suite 2060
Atlanta, GA 30303
404-581-0999
Scott@peachstatelawyer.com

We fight hard for Georgians who had to make the hardest decision of their lives in self-defense. No lawyer speak, no fluff—just straight talk and aggressive defense.

If you drive 85 mph or faster on any road or 75 mph or faster on a two-lane highway in Douglas County, Georgia, you become a super speeder. In addition to the local fines, you must also pay a $200 super speeder fee to the Georgia Department of Driver Services (DDS). You have 90 days from the conviction date to make the payment. Otherwise, DDS will suspend your license.

However, if you or someone you know faces a super speeder ticket, it’s a good idea to consult a lawyer. Legal help can often lead to a better outcome. Therefore, contact the Law Office of Scott Smith at 404-581-0999 for a free consultation.

In Georgia, you don’t actually have to complete a crime to be charged with a felony. Georgia law says that a person can be charged with criminal attempt to commit a felony even if the crime was never successfully carried out.

O.C.G.A. § 16-4-1 says that a person commits criminal attempt “when, with the intent to commit a specific crime, he performs any act which constitutes a substantial step toward commission of that crime”. This means that the state must prove two elements: intent and a substantial step. The defense often lies here: simply thinking about committing a felony is not enough. There must be some clear action that moves beyond preparation and toward actual commission.

A substantial step is something is more than planning but less than actual completion. Courts look at whether the conduct strongly corroborates the defendant’s criminal intent. Examples of this might be attempting to break into a house but being stopped before entry or trying to sell drugs but being arrested during the transaction setup. An experienced criminal defense attorney will help differentiate between mere preparation (buying gloves and a mask) and a substantial step (trying to force open a door while wearing gloves and a mask).

Penalties for criminal attempt cases are generally one step lower than the completed offense. For example, if the completed felony carries a sentence of life imprisonment, the attempt may carry a sentence of 1-30 years. If the completed felony carries a fixed sentence, the attempt may carry no more than half the maximum sentence.

If you are facing criminal attempt to commit a felony in Cobb County, it is important that you hire a lawyer that understands the charges and can help uncover the most robust defense. The lawyers at W. Scott Smith, PC will fight to protect you in criminal attempt cases. Call our office at 404-581-0999 today for a free consultation.

The Fifth Amendment right against self-incrimination is a freedom essential to our Constitution. It protects a suspect’s right from being compelled to give statements or testimony that could in fact incriminate them. This triggers Miranda v. Arizona, which is a case from the Supreme Court of the United States that requires police officers, during a custodial interrogation, to advise the accused of their rights. Such rights include:

1. The right to remain silent;
2. Anything the accused says can and will be used against them in a court of law;
3. The right to an attorney; and
4. The right to have an attorney appointed by the court if one cannot afford an attorney.

If these rights were not given to the accused, and the statement given to the police by that individual was not spontaneous and voluntary, then the statement could not be used against them by the prosecution at trial. However, if a police officer lawfully read the suspect their Miranda rights, and they decided to voluntarily speak to that officer about the events in question, whatever statements made by the accused to the police could and likely would be used against them at trial.

In order for an individual to waive their Miranda rights, they must have been read the rights stated above, understood those rights, as well as the consequences of those rights, and then decided to speak to law enforcement about the incident in question.

Under Georgia law, once a suspect has waived their Miranda rights and begins speaking to law enforcement, they can later decide to invoke their rights at any time during police questioning. That means that after a suspect has decided to voluntarily speak to police, they can then decide that they want to stay silent and invoke their right to an attorney. To do this, the accused must be clear and adamant about wanting to end questioning or requesting a lawyer. If they tell the police that they are done speaking to them or that they want a lawyer, law enforcement must stop interrogating them immediately.

If the accused is not clear about their wishes to stop questioning, police can continue to question them until it is made clear that they want interrogation to cease or that they want to speak to an attorney. Even if the accused has refused to answer certain questions posed by police, this will not stop any questioning by an officer. In order to protect one’s Fifth Amendment rights, they must make it abundantly clear that they no longer want to speak to police or that they request a lawyer. Law enforcement must stop questioning an individual at this time.

Contact Us

Being questioned by law enforcement can be a stressful event in anyone’s life and it is always recommended to speak to an attorney before that occurs. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of your constitutional rights. We are also experienced with police interrogations and investigations and are trained to protect our clients’ rights throughout this process. If you or a loved one has been interrogated by police or has been contacted to schedule a police interview, please call our office today at 404-581-0999 for a free consultation.

In Georgia, you don’t actually have to complete a crime to be charged with a felony. Georgia law says that a person can be charged with criminal attempt to commit a felony even if the crime was never successfully carried out.

O.C.G.A. § 16-4-1 says that a person commits criminal attempt “when, with the intent to commit a specific crime, he performs any act which constitutes a substantial step toward commission of that crime”. This means that the state must prove two elements: intent and a substantial step. The defense often lies here: simply thinking about committing a felony is not enough. There must be some clear action that moves beyond preparation and toward actual commission.

A substantial step is something is more than planning but less than actual completion. Courts look at whether the conduct strongly corroborates the defendant’s criminal intent. Examples of this might be attempting to break into a house but being stopped before entry or trying to sell drugs but being arrested during the transaction setup. An experienced criminal defense attorney will help differentiate between mere preparation (buying gloves and a mask) and a substantial step (trying to force open a door while wearing gloves and a mask).

Penalties for criminal attempt cases are generally one step lower than the completed offense. For example, if the completed felony carries a sentence of life imprisonment, the attempt may carry a sentence of 1-30 years. If the completed felony carries a fixed sentence, the attempt may carry no more than half the maximum sentence.

If you are facing criminal attempt to commit a felony in Dekalb County, it is important that you hire a lawyer that understands the charges and can help uncover the most robust defense. The lawyers at W. Scott Smith, PC will fight to protect you in criminal attempt cases. Call our office at 404-581-0999 today for a free consultation.