Understanding Georgia’s Felony Classes and Penalties

Felonies are the most serious crimes in Georgia. By definition, a felony can result in more than one year behind bars, so defendants should hire an experienced attorney to defend them. The maximum penalties you face depend on the crime committed and other factors, such as your criminal history. Felonies in Georgia are not classed by degree like they are in other states. Instead, each felony has a maximum penalty written into the statute. Call Moffitt Law, LLC to speak with a Columbus, Georgia, criminal defense attorney about any charges you face.

Felony Examples and Punishments

Felonies in Georgia have maximum penalties spelled out in the criminal statutes. Here are some examples:

• Death penalty: aggravated murder
• Life imprisonment: second-degree murder
• 40-year felony: terroristic acts which cause serious bodily injury, or a second conviction for distributing drugs within a school zone
• 30-year felony: first conviction for distributing a Schedule I or II drug
• 20-year felony: aggravated assault, voluntary manslaughter, and first-degree burglary
• 10-year felony: aggravated stalking
• 5-year felony: second-degree burglary

Do you have questions about sentences you might face? Call Moffitt Law to receive a personalized case assessment. We believe in empowering our clients to make sensible choices for their defense, and that means understanding the maximum punishment they are facing.

What is the Punishment for a Felony in Georgia?

The punishment will depend on the specific crime you are charged with. There is no uniform “Class 3 felony punishment.” As mentioned above, some felonies can send a person to prison for decades, whereas others might only end up with a few years.

You might also avoid prison altogether if the judge orders an alternative sentence.

• Probation. A judge may suspend or probate some or all of a sentence for certain felonies. Generally, serious violent felonies like murder or rape are excluded.
• First Offender Act. Georgia Code § 42-8-60 allows certain first-time offenders to avoid a formal conviction if they complete their sentence. Typically, the defendant pleads guilty but then is given probation. Once they complete probation, the judge dismisses the charges. Certain serious crimes are excluded.
• Drug court. A defendant facing certain felonies might go to drug court, which focuses on treatment. Completing the program can result in avoiding jail or prison.

These are some alternatives that can help a defendant avoid time behind bars. We encourage you to meet with an attorney to discuss whether any of these alternatives are possibilities for your case.

Can You Receive Less than the Maximum Prison Sentence?

Yes. Defendants who are convicted of a crime are not automatically sentenced to the maximum sentence. Instead, you might receive less, depending on various factors, such as your criminal history. Someone without any crimes in their past can make a good argument to receive a relatively low sentence.

Certain aggravating factors will result in the maximum sentence, however. For example, you might have prior felonies on your record, so a judge might have no choice but to sentence you to the maximum time in prison.

Non-Criminal Penalties for Felonies

Felons lose certain rights in Georgia, and we would be remiss if we did not mention them:

• Loss of voting rights. Felons in Georgia lose their voting rights until they complete their sentence (including probation or parole) and pay all fees and fines.
• Loss of gun rights. As a convicted felon, you may not legally possess a gun in Georgia. In fact, being a felon in possession is itself a felony offense.
• Inability to serve on a jury. Felons cannot serve on a jury unless they have their civil rights restored.

Furthermore, your criminal history will come up when you apply for a job. For example, if you are seeking to become a lawyer, you can be sure the Bar will want to know about any felony arrests or convictions.

We Can Help with Felony Charges in Columbus, Georgia

Moffitt Law, LLC, has defended many people charged with common Georgia crimes, including felonies. Our offices can review your history and analyze how much time you will likely face if convicted. We can also comb through the state’s evidence to see if you have valid defenses to raise.

Never hope the state will take things easy on you. Instead, call us to schedule a private consultation where we can answer your questions. We have years of experience and can help anyone accused of a crime in the 31901 zip code. Contact us today!