Felonies in Georgia: Understanding the State’s Criminal Laws

Everything About Felonies in Georgia

Among all crimes, felony crimes bear the most severe consequences. Georgia defines a felony as any crime punishable by death, imprisonment for life, or imprisonment for more than 12 months. Common felonies include murder, rape, kidnapping, theft, arson, forgery, and assault — all threatening the fabric of our society.

Our state has stringent laws to address such severe offenses. We categorize crimes not by class but by degree, reflecting upon their seriousness. For example, offenses such as arson are subdivided into first, second, and third degrees, establishing a nuanced approach to the gravity of each crime. Meanwhile, felony murder encapsulates a death resulting from the commission of another felony, bolstering the law’s reach.

Additionally, Georgia has “two-strikes laws” that impose life sentences for a second serious violent felony conviction. These laws demonstrate a strict approach to repeat offenders.

Felonies do more than just affect the individual; they alter lives and livelihoods. The loss of one’s rights post-conviction strikes at the core of our freedoms. A convicted felon is barred from voting until their sentence is fully served, cannot hold state office for a decade following the completion of their sentence if the crime involves ‘moral turpitude,’ and faces other social stigmas.

In light of the complexities surrounding felony charges, securing sound legal representation is not just advisable; it’s imperative. We at Frye Law Group understand the depths of Georgia’s legal landscape, and our approach is based on the values of integrity and tenacity. For those navigating the treacherous waters of felony indictments, our knowledge becomes the beacon of hope.

Felony Expungement in Georgia: Clearing Your Record

In Georgia, the legal process to clear or limit access to a felony record is called record restriction, which is often referred to as expungement. While not all felonies are eligible, understanding the path to restriction is critical for anyone hoping to rebuild after a conviction.

Record restriction means that the public—including most employers and landlords—will no longer be able to see your felony record, though it may still be available to law enforcement and certain state agencies.

How Long Do Felonies Stay on Your Record in Georgia?

Unless formally restricted, a felony remains on your Georgia criminal record forever. There’s no automatic process for removal, even decades after the offense. That said, some individuals may pursue relief through the courts—especially under the First Offender Act or through successful petitions for restriction.

In general:

• Non-conviction cases may be restricted after final disposition.
• First Offender Act sentences can be sealed after successful completion, but you may need to file a court petition.
• There is no standard “waiting period” for convictions unless a specific law provides one—eligibility usually depends on how your case was resolved and whether it fits the legal standards.

Always consult with an attorney before beginning the process, as the rules can vary based on your case and where it was prosecuted.

The Legal Process for Felony Charges in Georgia

When someone is suspected of committing a felony, the police arrest them immediately. This starts a serious legal process. After the arrest, defendants make their first appearance in court, where charges are read and rights are explained. Bail may be discussed, affecting the immediate future of the accused.

In some cases, a grand jury reviews the evidence and, if sufficient, issues an indictment. Alternatively, criminal charges for felony offenses in Georgia can also come about through accusations by a prosecutor or direct filings. After charges are filed, the defendant appears in court for arraignment, where they enter a guilty or not guilty plea, determining the following steps, which could involve plea negotiations or further court proceedings.