List of Felony Charges in Georgia and Their Penalties

A felony charge in Georgia is any crime punishable by death, life imprisonment, or at least one year in state prison, and when the statute defining the offense sets no specific fine, the judge can add a fine of up to $100,000 on top of the prison sentence.¹ The penalties vary sharply by offense. Some felonies carry a range as wide as one to twenty years and leave the judge broad discretion. Others impose mandatory minimums the court cannot reduce, suspend, or probate. What follows is the map of felony charges in Georgia and their penalties, grouped by the type of conduct involved.

The Seven Serious Violent Felonies

Under O.C.G.A. § 17-10-6.1, seven offenses are singled out as “serious violent felonies,” often called the “Seven Deadly Sins” in Georgia courtrooms:²

Murder and felony murder
Armed robbery
Kidnapping
Rape
Aggravated child molestation
Aggravated sodomy
Aggravated sexual battery

A first conviction for kidnapping a victim under 14, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery carries a mandatory minimum of 25 years in prison followed by probation for life, unless the judge imposes life imprisonment instead.² No portion of that minimum can be suspended, probated, or deferred, and the offender is ineligible for parole, earned-time credits, or work release.

A second conviction for any of the seven brings life without parole, with no early release possible.³

Murder and Manslaughter

Murder in Georgia comes in two forms. Malice murder is an intentional killing. Felony murder applies when a death occurs during the commission of any felony, whether or not the killing was intended.⁴ Both carry the same possible sentences: death, life without parole, or life with the possibility of parole. Under the felony murder rule, a getaway driver in a robbery where someone dies faces the same murder charge as the person who fired the shot.

Voluntary manslaughter applies when a killing that would otherwise be murder occurs in the heat of a sudden, violent passion caused by serious provocation. The penalty is one to 20 years.⁵

Involuntary manslaughter is a felony when the unintended death occurs during a misdemeanor or other unlawful act short of a felony, and the sentence is one to ten years. When the death results from a lawful act carried out in a reckless manner, the charge drops to a misdemeanor.⁶

Other Felonies Against Persons

Aggravated Assault and Aggravated Battery

Aggravated assault under O.C.G.A. § 16-5-21 covers assaults committed with intent to murder, rape, or rob, and assaults with a deadly weapon or any object likely to cause serious bodily injury. The base sentence is one to 20 years.⁷ Discharging a firearm during an aggravated assault carries a mandatory minimum of ten years. Using a weapon other than a firearm or the body triggers a three-year mandatory minimum. Attacks on people 65 or older, on public transit, or within school safety zones all raise the floor further.

Aggravated battery requires a more serious injury. It applies when someone maliciously deprives another of a body part, renders a body part useless, or causes serious disfigurement. The base sentence is one to 20 years, with elevated minimums for attacks on law enforcement officers, elderly victims, and healthcare workers, among others.⁸

False Imprisonment

Arresting, confining, or detaining another person without legal authority is false imprisonment, a felony punishable by one to ten years.⁹

Terroristic Threats

Terroristic threats are usually misdemeanors. The charge becomes a felony only when the threat specifically suggests the victim will be killed, and it then carries one to five years and a fine up to $1,000.¹⁰ A threat to beat someone up, without any reference to killing, stays a misdemeanor.

Vehicular Homicide

Causing a death while violating certain traffic laws is first-degree vehicular homicide, punishable by three to 15 years. The same range applies to drivers who cause a fatal accident and flee. Habitual traffic violators whose licenses have been revoked face five to 20 years for causing a death behind the wheel.¹¹ Second-degree vehicular homicide, tied to other traffic violations, is a misdemeanor.

Felony Obstruction of an Officer

Obstruction of law enforcement rises from a misdemeanor to a felony when the person uses violence against the officer. A first felony obstruction carries one to five years. A second carries two to ten years. A third or later offense carries three to 15 years. Every obstruction conviction also carries a minimum $300 fine.¹²

Property and White-Collar Felonies

Burglary

First-degree burglary is entering or remaining inside a dwelling without permission and with intent to commit a felony or theft. The statute defines “dwelling” broadly to include any structure designed for someone to live in, whether occupied or vacant. A first offense carries one to 20 years, a second brings two to 20 years, and a third or later offense brings five to 25 years.¹³

Theft

Theft becomes a felony based on the dollar value taken, using a tiered structure:¹⁴

$1,500.01 to $4,999.99: one to five years, though the judge has discretion to impose misdemeanor punishment
$5,000 to $24,999.99: one to ten years, again with judicial discretion to treat as a misdemeanor
$25,000 or more: two to 20 years

Arson

First-degree arson involves knowingly using fire or explosives to damage a dwelling, an insured structure, or any building where human life could foreseeably be endangered. The penalty is one to 20 years, a fine up to $50,000, or both.¹⁵

Forgery

First-degree forgery is knowingly creating, altering, or possessing a forged document other than a check, with intent to defraud, and delivering that document to another person. The statute defines “writing” broadly enough to cover printed documents, credit cards, stamps, seals, and other symbols of value or identity.¹⁶

RICO

Georgia’s RICO statute targets participation in or profit from a pattern of racketeering activity. A conviction carries five to 20 years, plus a fine of up to $25,000 or three times the defendant’s financial gain from the enterprise, whichever is greater.¹⁷

Drug and Firearm Felonies

Manufacturing, Distribution, and Possession With Intent

Distributing or possessing a Schedule I or Schedule II controlled substance with intent to distribute carries five to 30 years under O.C.G.A. § 16-13-30.¹⁸

Drug Trafficking

Trafficking charges are driven by weight, and each tier carries a mandatory minimum prison term and a mandatory fine that no earned time or early release program can shorten.¹⁹

Cocaine or methamphetamine:

28 to 199 grams: 10-year mandatory minimum and $200,000 fine
200 to 399 grams: 15-year mandatory minimum and $300,000 fine
400 grams or more: 25-year mandatory minimum and $1 million fine

Heroin and other illegal drugs:

4 to 13 grams: 5-year mandatory minimum and $50,000 fine
14 to 27 grams: 10-year mandatory minimum and $100,000 fine
28 grams or more: 25-year mandatory minimum and $500,000 fine

Marijuana:

More than 10 pounds but under 2,000 pounds: 5-year mandatory minimum and $100,000 fine
2,000 to 9,999 pounds: 7-year mandatory minimum and $250,000 fine
10,000 pounds or more: 15-year mandatory minimum and $1 million fine

Firearm Possession by a Convicted Felon

Anyone previously convicted of a felony who possesses a firearm commits a separate felony punishable by one to ten years. A second offense raises the minimum to five years. If the prior felony was a forcible felony, the sentence is a flat five years.²⁰

Firearm or Knife During a Felony

Having a firearm or a knife with a blade three inches or longer during a felony drug crime or other specified felony adds a mandatory five-year sentence that runs consecutively to the sentence for the underlying crime. The judge cannot merge that add-on or run it concurrently.²¹

Felonies Against Public Administration and Justice

Perjury is knowingly making a false statement material to a judicial proceeding while under oath. The penalty is one to ten years and a fine up to $1,000.²²

Bribery covers both sides of the transaction. Offering something of value to a government official to influence an official act is a felony, as is the official’s acceptance. The penalty is one to 20 years, a fine up to $5,000, or both.²³

Submitting false statements or fraudulent documents to any state or local government agency carries one to five years and a fine up to $1,000.²⁴

Influencing witnesses through intimidation, threats, force, or corruption is a felony under O.C.G.A. § 16-10-93. The broader subsection sets the penalty at two to ten years, a fine between $10,000 and $20,000, or both.²⁵

Repeat Offender Enhancements

Under O.C.G.A. § 17-10-7, a person who commits a new felony after a prior felony conviction must be sentenced to the maximum prison term for the new offense, though the judge keeps discretion to probate or suspend part of it.³

A fourth felony conviction requires the maximum sentence with no possibility of parole. Georgia does not use a washout period, so a felony from decades ago still counts. The state must provide meaningful notice of its intent to seek enhanced sentencing and identify the prior convictions it plans to use.

Statute of Limitations

Not every felony can be charged indefinitely. Georgia sets time limits that vary by offense:²⁶

Murder: no time limit
Crimes punishable by death or life imprisonment: seven years, except forcible rape, which has 15 years
Most other felonies: four years
Felonies against victims under 18: seven years

When DNA evidence establishes the identity of the accused, prosecution for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery can begin at any time, no matter how many years have passed.²⁶

The First Offender Act

Georgia’s First Offender Act, at O.C.G.A. § 42-8-60, lets a judge sentence a first-time defendant without entering a formal conviction. If the person completes probation or the full sentence, they are exonerated of guilt and discharged as a matter of law, avoiding a felony conviction on their record.²⁷

A person can use first offender treatment only once in a lifetime, and the court must review the criminal history before granting it. Several offenses are excluded outright:

Any of the seven serious violent felonies
Sex offenses defined in O.C.G.A. § 17-10-6.2
Human trafficking
Crimes against elderly or disabled persons
Sexual exploitation of minors and child pornography offenses
Aggravated assault, aggravated battery, or felony obstruction against a law enforcement officer on duty
DUI

First offender status does not erase the case from the system. What it prevents is a formal conviction, which matters heavily for employment background checks and professional licensing. If the person violates the terms, the judge can revoke the status and impose any sentence that could have been given originally.

Consequences That Outlast the Sentence

Prison time is only part of the cost of a Georgia felony conviction. Several civil rights are affected long after release.

Voting rights are lost automatically on conviction and are not restored until the entire sentence is complete, including any probation or parole. Outstanding fines, fees, and restitution may also need to be paid before restoration takes effect.

Firearm rights are lost entirely. A convicted felon in Georgia cannot possess any firearm.²⁰ The only way to restore that right is a pardon from the State Board of Pardons and Paroles that specifically includes restoration of the right to bear firearms. Eligibility requires that the sentence was completed at least five years ago, that the applicant has lived law-abidingly since then, that no charges are pending, and that all fines are paid. Processing takes roughly six to nine months, and the pardon does not erase the conviction from the record.²⁸

1
Justia. Georgia Code 17-10-8 – Payment of Fine in Felony Case
2
Justia. Georgia Code 17-10-6.1 – Punishment for Serious Violent Offenders
3
Justia. Georgia Code 17-10-7 – Punishment of Repeat Offenders
4
Justia. Georgia Code 16-5-1 – Murder; Malice Murder; Felony Murder
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Justia. Georgia Code 16-5-2 – Voluntary Manslaughter
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Justia. Georgia Code 16-5-3 – Involuntary Manslaughter
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Justia. Georgia Code 16-5-21 – Aggravated Assault
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Justia. Georgia Code 16-5-24 – Aggravated Battery
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Justia. Georgia Code 16-5-41 – False Imprisonment
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Justia. Georgia Code 16-11-37 – Terroristic Threats and Acts
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Justia. Georgia Code 40-6-393 – Homicide by Vehicle
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Justia. Georgia Code 16-10-24 – Obstructing or Hindering Law Enforcement Officers
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Justia. Georgia Code 16-7-1 – Burglary
14
Justia. Georgia Code 16-8-12 – Penalties for Theft
15
FindLaw. Georgia Code 16-7-60 – Arson in the First Degree
16
Justia. Georgia Code 16-9-1 – Forgery
17
Justia. Georgia Code 16-14-5 – Criminal Penalties
18
Justia. Georgia Code 16-13-30 – Purchase, Possession, Manufacture, Distribution, or Sale of Controlled Substances or Marijuana
19
Justia. Georgia Code 16-13-31 – Trafficking in Cocaine, Illegal Drugs, Marijuana, or Methamphetamine
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Justia. Georgia Code 16-11-131 – Possession of Firearms by Convicted Felons and First Offender Probationers
21
Justia. Georgia Code 16-11-106 – Possession of Firearm or Knife During Commission of Certain Crimes
22
Justia. Georgia Code 16-10-70 – Perjury
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Justia. Georgia Code 16-10-2 – Bribery
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Justia. Georgia Code 16-10-20 – False Statements and Writings
25
Justia. Georgia Code 16-10-93 – Influencing Witnesses
26
Justia. Georgia Code 17-3-1 – Generally
27
Justia. Georgia Code 42-8-60 – Probation Prior to Adjudication
28
State Board of Pardons and Paroles. Pardons and Restoration of Rights