Georgia Felony: Laws, Penalties, Sentencing, and Records

A felony in Georgia is a serious criminal offense punishable by a minimum sentence of one year in prison. Unlike many states that classify a felony into different classes, Georgia does not categorize felonies in this manner. The state defines statutes that specify the maximum penalty for each offense.

What Is Considered a Felony in Georgia?

Georgia laws consider felonies as serious crimes in the state, and some common examples of felony offenses include murder, manslaughter, rape, aggravated assault, armed robbery, and kidnapping. Other crimes include drug-related offenses, arson, burglary, motor vehicle theft, fraud, forgery, identity theft, embezzlement, and weapons offenses.

In Georgia, a misdemeanor may be elevated to a felony case when certain aggravating factors are present. These include theft of property with a value exceeding $1,500 or when a deadly weapon is used in an aggravated assault.

What Is a Felony in Georgia?

Under Georgia law, a felony is a crime that carries a sentence of more than one year up to life imprisonment in a state correctional facility. By contrast, misdemeanors are only punishable by up to 12 months in county jail. A felony conviction has severe implications on an individual’s life in Georgia, which include:

• Imprisonment in the State of Georgia prisons.
• Fines may be as high as $100,000 or more, depending on the offense.
• Loss of civil rights for convicts, which includes the inability to own firearms, the right to vote, or serve on a jury.
• Permanent criminal records that adversely affect felons in terms of employment, housing, and even acquiring their professional license.

Felony Penalties in Georgia

Georgia does not use a uniform class system like other states. Instead, felonies are charged as first-, second-, or third-degree crimes under the state statute. The first-degree offenses represent the most serious felonies, like murder, while the third-degree felonies include minor offenses like forgery or arson. The penalties for felony crimes in Georgia include the following:

• A minimum sentence of one year in prison
• A fine of at least $1,000
• Probation.
• Eligibility for Parole
• Life imprisonment
• Death Penalty

Examples of maximum penalties for felony crimes in Georgia are listed below:

• The death penalty for murder cases.
• Life imprisonment for rape, kidnapping, and second-degree murder.
• A maximum of 40 years in prison for terrorism
• A maximum of 30 years in prison for incest or sexual assault of a minor.
• A maximum of 20 years in prison for aggravated assault or battery.
• A maximum of 10 years in prison for extortion or aggravated stalking of an individual.
• A maximum of 5 years in prison for battery of a minor or obstruction of a police officer.

Felony Sentencing Guidelines in Georgia

Under the Georgia Criminal Procedure, there are procedures that guide sentencing in felony cases in Georgia. The judges, in their discretion, may increase or reduce the sentence length.

Key Sentencing Factors

Some of these sentencing factors are listed below:

• Statutory Ranges: Each felony has a minimum and maximum sentence term as prescribed in its statute.
• Mandatory Minimums: The law identifies certain felonies, such as kidnapping, armed robbery, aggravated child molestation, aggravated sexual battery, rape, and murder, that carry mandatory minimum prison terms.
• AggravatingFactors: Certain factors, including the use of a firearm, crimes against minors or the elderly, and prior convictions, may increase the term of the sentence.
• Mitigating Factors: Factors such as first-time offenses, cooperation with law enforcement, or successful rehabilitation efforts may reduce the sentence term of a convicted individual.
• Repeated Offenses: Georgia’s recidivist statute imposes harsher sentences for repeat offenders, including the maximum possible sentence without an option of parole.
• Probation: Nonviolent felonies may be placed on probation monitored by a probation officer.

Felony Laws and Procedures in Major Georgia Cities

It is important to check local Superior Court websites or consult an attorney in the city to learn about the laws and procedures that govern felony cases. Individuals may obtain such information in some of the cities in major counties, listed below:

Atlanta (Fulton County)

The Criminal Services Division of the Fulton County Superior Court manages all felony cases in Atlanta and other cities in the county.

Augusta (Richmond County)

In Augusta, felony cases are tried in the Richmond County Superior Court. The court also provides an alternative drug court program for individuals charged with felonies.

Savannah (Chatham County)

The Chatham County Superior Court handles felony cases in Savannah and the surrounding cities in the county. Individuals may contact the Clerk’s office to inquire about additional information concerning felonies.

How to Search for Felony Records in Georgia

In Georgia, felony convictions remain part of the public record. Once a conviction is made, there is no process to expunge a felony. However, the conviction and records may be restricted from non-law enforcement personnel in the future. The state provides access to felony records through statewide and county-level systems.

Online Portals

The Georgia Administrative Office of Courts provides access to online court case information, including felony details. Upon selecting the right choice of county, they may conduct the search by name or case number.

County Superior Court Clerks

Some Clerk offers online portals that allow individuals to search for criminal records that include felony information. Alternatively, requesters may visit the Superior Court Clerk’s Office in the county (where the felony was prosecuted) to obtain copies of criminal records.

Georgia Crime Information Center (GCIC)

The GCIC operates a Georgia Felony Search Portal that enables record seekers to search for felony offenses committed by convicted felons in the state. The portal does not include sealed or expunged records or juvenile felony records.

Local Police Departments and Sheriff’s Offices

Record seekers may inquire about felony case files from their local police departments and sheriff’s offices through arrest records.

Why Understanding Felonies in Georgia Matters

The implications of a conviction in Georgia are far-reaching. It may significantly impact job opportunities, lead to difficulty in finding housing, and result in the loss of civil rights. It may prove harder to acquire some professional licenses due to the ex-convict status.

Employers, landlords, and individuals must understand Georgia's felony laws, sentencing guidelines, procedures for accessing records, and the implications of convictions for convicted felons.

In Georgia, felonies are charged based on the severity of the case and defined by statute. The penalties range from 12 months in prison to life imprisonment or even the death penalty for serious crimes. The term of sentencing largely depends on the statutory guidelines, mandatory minimums, and recidivist laws.

Felony records are available online and in person through Superior Court Clerks or the GCIC to the public.