Common Defenses To Criminal Charges In Georgia

Oct 27, 2021

There are many possible defenses to criminal charges. We will explore just a few in this blog post.

Being charged with a crime is a serious situation, but you are presumed innocent until you’re proven guilty in court. Working closely with an experienced Athens criminal defense attorney allows you to build a strong defense to protect this presumption of innocence and achieve a reduction or dismissal of criminal charges.

What are some of these potential defenses? Here are some of the most common defenses against criminal charges in Georgia.


There are a multitude of legal strategies and tactics that can be used to defend you against a criminal charge in Georgia. Below is a short list of some of the most common and effective defenses that a criminal defense attorney may use to protect you in court.

  • Alibi – This is a very common defense. In this defense, the accused person uses testimony, video footage, and a variety of other evidence to prove they were not in the place where the crime was committed at the time of the criminal act, thereby proving their innocence. 
  • Affirmative defenses – In this type of defense, the defendant does not try to argue that the crime did not happen. Rather, the defense provides reasons that excuse or justify the criminal act.
  • Coercion – If a defendant conducted a crime because of someone else’s use of force or threats, this defense may be used. It cannot be used in murder cases, or for situations where there was a “reasonable way” for the defendant to escape harm. 
  • Entrapment – A person may not be found to be guilty of a crime if it’s found that their conduct was caused by a government officer, such as a police officer, for the purpose of obtaining evidence. 
  • Georgia First Offender Act – If certain conditions are met, a person in Georgia who has never been convicted of a felony may be put on probation rather than being convicted of a crime. If all requirements are met, the conviction is removed from their criminal history. 
  • Involuntary intoxication – This applies when a person does not have the sufficient ability to distinguish between right and wrong due to intoxication. It does not apply when intoxication is voluntary, however. 
  • Self defense – There are some circumstances that warrant the use of force. A criminal defense attorney may defend their client by claiming that they were lawfully using force in self-defense to protect themselves from another party’s use of unlawful force. 
  • Opprobrious or offensive language – This defense is used in simple assault or battery cases. In some cases, evidence of antagonism such as offensive language may be enough to convince a jury that the defendant’s actions were justified.


There are many ways that an Athens criminal defense attorney can help you build your case, and provide a defense that will achieve the best possible outcome for your situation. If you’ve been accused of a crime, contact Ryan Swingle Law right today.