What are the penalties for a felony in Georgia?

Felony punishment in Georgia is set offense by offense rather than by a general class table. The statute defining the charged offense supplies the minimum and maximum term, and the general sentencing provisions govern how the judge imposes it. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year). Misdemeanors carry county jail time (up to 1 year) [§ 17-10-3]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Georgia Criminal Defense Guide — Charges & Process

Q: Does Georgia have a speedy trial requirement?

Georgia does not have a fixed-day speedy trial clock [§ 17-7-170 et seq.]. Demand for speedy trial: after two regular terms of court pass without trial, defendant may file demand. If not tried at next term after demand, case must be dismissed. No fixed day count.

Q: Can I get my criminal record expunged in Georgia?

Yes, for eligible offenses [§ 35-3-37]. Waiting periods: Varies by disposition; record restriction available for acquittals, dismissals, and certain first-offender completions. Georgia uses 'record restriction' rather than traditional expungement. First Offender Act ([§ 42-8-60]) allows discharge without conviction for first-time offenders.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Georgia.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Georgia Criminal Process — Step by Step Your Rights in an Georgia Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Georgia classifies criminal offenses

Georgia divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Misdemeanor classifications §17-10-3

Class Standard misdemeanor: up to 12 months, $1,000 fine - Class High and aggravated misdemeanor: up to 12 months, $5,000 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §17-10-3 et seq., Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §17-10-3	State prison (1 year or more)
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	12-member jury	12-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §35-3-37	Fewer offenses eligible §35-3-37

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §17-4-20. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Serious offenses (treason, murder, rape, armed robbery, and others listed in subsection (a)) are bailable only before a judge of the superior court; all other offenses are bailable by a court of inquiry. Release turns on risk factors — flight risk, danger to any person or the community, risk of committing a felony pending trial, or intimidating witnesses. Bail reform legislation strengthened pretrial release standards. §17-6-1

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 12-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §42-8-34, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Georgia has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §17-12-1 et seq.. Georgia Public Defender Council oversees circuit public defender offices statewide.
Right to a speedy trial — Georgia does not set a fixed number of days for speedy trial §17-7-170 et seq.. Demand for speedy trial: after two regular terms of court pass without trial, defendant may file demand. If not tried at next term after demand, case must be dismissed. No fixed day count.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Georgia: Misdemeanor: 12 months; Felony: varies by offense, generally up to length of sentence §42-8-34.

⚠Georgia has a habitual offender law §17-10-7. Fourth felony conviction: maximum sentence for the offense. Certain 'seven deadly sins' (murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, aggravated sexual battery): second offense triggers life without parole.

Clearing your record

Georgia does allow certain criminal records to be sealed or expunged §35-3-37. Waiting periods: Varies by disposition; record restriction available for acquittals, dismissals, and certain first-offender completions. Georgia uses 'record restriction' rather than traditional expungement. First Offender Act (§42-8-60) allows discharge without conviction for first-time offenders.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount §16-13-30. Marijuana possession: Misdemeanor (1 oz or less); Felony (over 1 oz, §16-13-30(j)).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §16-5-20 et seq.. Domestic violence offenses carry additional consequences including protective orders §19-13-1 et seq..

Theft and property crimes

Classification depends on the value of property taken §16-8-1 et seq.. Felony threshold: $1,500 (felony theft by taking, §16-8-12).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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