Felon Examples: A List of Felony Charges in Georgia

What Counts as a Felony in Georgia?

In Georgia, a felony is an offense. It is punishable by imprisonment for more than 12 months. It can include life imprisonment. A misdemeanor is capped at 12 months. Most readers want to know which charges cross that line. The possible sentence decides it.

Georgia uses three tiers. The middle one causes most of the confusion. There are misdemeanors. There are high and aggravated misdemeanors. And there are felonies. A high and aggravated misdemeanor is not a felony. It carries stiffer consequences than an ordinary misdemeanor. But it does not make someone a convicted felon.

The label also attaches later than most people assume. An arrest is not a conviction. An indictment is not a conviction either. A person becomes a felon only when a court enters a felony conviction. This can be by guilty plea or by verdict.

Punishment depends on the specific code section charged. Georgia sets a separate range for each offense. Anyone facing a charge should ask a defense lawyer what that particular section allows.

Felony Charges List: Common Examples in Georgia

The felony charges list below is illustrative, not exhaustive. Georgia's criminal code is long. How a case is charged depends on the facts alleged. It also depends on the prosecutor's discretion. Two people accused of similar conduct may still face different charges.

Georgia sorts different felonies by the type of harm involved. It does not use letter grades like Class A, Class B, or Class C. Each statute sets its own punishment. The name of the offense matters more than any grade label.

Violent Felony Examples

A violent felony list for Georgia usually begins with crimes against a person. Common violent felonies include murder, voluntary manslaughter, aggravated assault, aggravated battery, armed robbery, kidnapping, rape, aggravated child molestation, and aggravated sodomy.

Assault and battery charges often become "aggravated" because of an added element. Depending on the facts alleged, that element may be one of three things. It may be the use of a deadly weapon. It may be an injury that seriously disfigures part of the body. Or it may be the protected status of the alleged victim.

These cases often turn on identification evidence. They turn on medical records. They turn on whether the object described actually worked as a deadly weapon. Justification defenses such as self-defense may also apply. This depends on the circumstances.

Nonviolent Felony Examples

Not every felony involves force. Drug offenses fill a large part of Georgia's felony dockets. Common drug felonies include possession with intent to distribute. They include sale of a controlled substance. They include trafficking. Property and theft crimes may be charged as felonies. The value involved or the circumstances of the taking can escalate them.

Burglary, arson, forgery, and identity fraud also appear regularly. Firearm offenses belong here too. Under O.C.G.A. § 16-11-131, possession of a firearm by a convicted felon is itself a felony. A first conviction carries one to ten years. The law requires a mandatory five-year term where the prior conviction was for a forcible felony.

Nonviolent cases often turn on paperwork. They turn on the legality of a search. Chain of custody matters. Lab testing matters. Who actually controlled the place where items were found can all decide the case.

When a Misdemeanor Becomes a Felony

Some conduct starts as a misdemeanor and becomes a felony through repetition. Georgia treats repeat offenses more harshly in several areas. The escalation usually depends on how many prior convictions the State can prove. It depends on when those earlier cases arose.

DUI is the clearest worked example. It is also the one most often reported wrong online. Under O.C.G.A. § 40-6-391, a charge of driving under the influence is graded by counting prior convictions. The count is inside a ten-year window. That window runs arrest date to arrest date. It does not run conviction date to conviction date.

A third DUI conviction inside that window is a high and aggravated misdemeanor. It is not a felony. The fourth DUI conviction within the ten-year window is the felony. It is punishable by one to five years.

Whether a repeat charge is filed as a felony depends on the certified prior history. The State must actually prove it. Certified dispositions are sometimes incomplete. They are sometimes mismatched. Or they fall outside the window. That is one reason charging decisions in repeat-offense cases are so often contested.

How a Felony Case Moves Through Georgia Courts

Superior court prosecutes felony cases in Georgia. Which court handles a misdemeanor depends on the charge and the county. A Georgia felony case typically moves through these stages:

1. Arrest and first appearance. A judge reviews probable cause. The judge tells the accused what the charges are.
2. Bond consideration. The court weighs ties to the community. It weighs risk of flight. It weighs safety concerns.
3. Magistrate court. A preliminary hearing may take place. The case can be bound over.
4. Indictment or accusation. A grand jury indicts. Or the district attorney files an accusation in superior court.
5. Arraignment. The accused enters a plea. Motion deadlines start to run.
6. Discovery and motions. Both sides exchange evidence. The defense files pretrial motions.
7. Plea negotiation or trial. Most cases resolve by plea. The rest are tried.

Pretrial motions frequently target the legality of a stop. They target a search. They target a statement. Judges rule on those motions before trial. Those rulings often shape how the case resolves. When key evidence is suppressed, the balance of the case can change. None of this predicts any individual result. Every case turns on its own facts.

Long-Term Consequences of a Felony Conviction

A felony conviction follows a person long after the sentence ends. Georgia law and federal law both bar firearm possession by convicted felons. Employers and licensing boards see the conviction on background checks. Some professional licenses become hard or impossible to hold.

Housing applications and federal student aid may also be affected. Non-citizens face added exposure. Some convictions carry removal or inadmissibility consequences. This happens no matter what sentence the court imposes. Georgia suspends voting rights while a person serves a felony sentence. This includes probation and parole. Voting rights are restored once the sentence is complete.

On clearing a record, precision matters. Under O.C.G.A. § 35-3-37, Georgia's mechanism is record restriction, not expungement. Restriction generally reaches charges that were dismissed, dead-docketed, or otherwise resolved without a conviction. It does not reach felony convictions themselves. A DUI conviction cannot be restricted. Whether any particular charge may qualify depends on the disposition. It depends on other details in the record.

Speak With a Georgia Felony Defense Attorney

A felony charge is an allegation, not a conviction. Kohn & Yager LLC focuses on criminal defense in Georgia. We are familiar with superior court practice across the Atlanta area. The specific code section charged drives which defenses are available. The facts alleged drive it too. Reviewing the charging documents early matters. Motion deadlines arrive quickly once a case reaches arraignment. Issues raised late are sometimes waived. No attorney can promise a particular outcome. Every case depends on its own facts and the law that applies to them.

Contact Kohn & Yager LLC to arrange a consultation about a Georgia felony charge.

Frequently Asked Questions

What Is the Difference Between a Felony and a Misdemeanor in Georgia?

The dividing line is the maximum sentence. A felony is punishable by more than 12 months of imprisonment. It can go up to and including life. A misdemeanor is capped at 12 months. Georgia also recognizes high and aggravated misdemeanors. These carry harsher consequences but are still misdemeanors.

What Are Examples of Violent Felonies in Georgia?

Murder, voluntary manslaughter, aggravated assault, aggravated battery, armed robbery, kidnapping, rape, aggravated child molestation, and aggravated sodomy are commonly charged as violent felonies. Whether an offense is charged in its aggravated form depends on the facts the State alleges.

Can a Felony Charge Be Reduced to a Misdemeanor in Georgia?

Sometimes. A prosecutor may reduce a charge based on the strength of the evidence. The accused person's history matters. Problems that surface during motions practice matter too. Reduction is never automatic. No lawyer can guarantee it in a given case.

Can Someone With a Felony Conviction Own a Firearm in Georgia?

No. Possession of a firearm by a convicted felon is a separate felony offense in Georgia. Federal law adds its own prohibition. Any question about restoring firearm rights should go to a lawyer. The available paths are narrow.

Can a Felony Be Removed From Your Record in Georgia?

Georgia uses record restriction rather than expungement. It generally applies to charges resolved without a conviction. A felony conviction itself usually remains on the record. Whether restriction may be available depends on the disposition of the specific charge.