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Georgia Criminal Defense Laws

Georgia classifies crimes as felonies (1 year or more in prison) and misdemeanors (up to 12 months in jail, up to $1,000 fine). High and aggravated misdemeanors carry fines up to $5,000. Georgia offers the First Offender Act, which allows eligible first-time offenders to complete a sentence without a formal conviction on their record. DUI penalties escalate significantly — third offense is a high and aggravated misdemeanor, fourth and subsequent offenses are felonies.

Last verified: 2026-02-25

Statute of Limitations

No limit for murder; 4 years for most felonies; 2 years for misdemeanorsO.C.G.A. § 17-3-1

Murder has no statute of limitations. Crimes punishable by death or life imprisonment must be charged within 7 years. Forcible rape within 15 years. Most other felonies within 4 years (7 years if victim was under 18). Misdemeanors within 2 years.

Exceptions

DNA Evidence ExceptionO.C.G.A. § 17-3-1(c.1)

No time limit for armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery when DNA evidence establishes identity.

Tolling — Absence from StateO.C.G.A. § 17-3-2

The statute of limitations is tolled if the accused is not a resident of or usually within the state, or during any period where a prosecution is pending for the same conduct.

Key Georgia Statutes

Felony Sentencing RangesO.C.G.A. § 17-10-1

Felonies carry sentences of 1 year to life in state prison. Specific ranges vary by offense. The court has broad sentencing discretion within statutory minimums and maximums.

Misdemeanor PenaltiesO.C.G.A. §§ 17-10-3, 17-10-4

Misdemeanors carry up to 12 months in county jail and fines up to $1,000. High and aggravated misdemeanors carry up to 12 months in jail and fines up to $5,000.

First Offender ActO.C.G.A. § 42-8-60 et seq.

Allows eligible first-time offenders to complete a sentence (probation, community service, etc.) without a formal conviction being entered on their record. Upon successful completion, the charge is discharged without an adjudication of guilt.

DUI PenaltiesO.C.G.A. § 40-6-391

BAC limit is 0.08%. First and second DUI offenses are misdemeanors. Third offense is a high and aggravated misdemeanor. Fourth and subsequent offenses are felonies carrying 1–5 years in prison.

Grand Jury IndictmentO.C.G.A. § 17-7-50

Most felonies require a grand jury indictment. The defendant may waive indictment under O.C.G.A. § 17-7-70.

Official Sources

Georgia General Assembly — Official CodeGeorgia Public Defender Council

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Georgia General Assembly — Official Code. For advice about your specific situation, consult a licensed attorney.

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