Felony vs Misdemeanor in Georgia: Sentences, Fines and Probation

Georgia does not sort felonies into classes or degrees. Under O.C.G.A. 16-1-3(5), a felony is "a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months," every other crime is a misdemeanor (O.C.G.A. 16-1-3(9)), and each offense statute sets its own felony range, while misdemeanors are punished under two general sections: up to 12 months and a $1,000 fine (O.C.G.A. 17-10-3), or up to 12 months and a $5,000 fine for a misdemeanor of a high and aggravated nature (O.C.G.A. 17-10-4).

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This page covers Georgia's general definitions and sentencing statutes in the Official Code of Georgia Annotated: O.C.G.A. 16-1-3 and 16-1-4, the punishment sections of Title 17, Chapter 10, the probation sections 42-8-34 and 42-8-34.1, and the 2026 repeat-misdemeanor law. It does not cover the range for each individual offense (see the theft and assault pages linked below), time limits for filing charges, record restriction, federal offense classes (covered on our felony and misdemeanor classes by state hub), or city and county ordinances. Georgia's official code is published online through a free LexisNexis portal; check the current text of a section before relying on a specific detail.

Felony vs misdemeanor in Georgia

Georgia draws the line at 12 months. The definitions section of the criminal code, O.C.G.A. 16-1-3, provides:

(5) "Felony" means a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months. ... (9) "Misdemeanor" and "misdemeanor of a high and aggravated nature" mean any crime other than a felony.

The test turns on what the offense is punishable by, as written in its statute. O.C.G.A. 16-1-4 adds that "No conduct constitutes a crime unless it is described as a crime in this title or in another statute of this state," while preserving a court's power to punish contempt and enforce its orders.

Does Georgia have felony classes?

No. The Title 16 definitions recognize two kinds of crime, felonies and misdemeanors, and the general punishment sections in Title 17, Chapter 10 (O.C.G.A. 17-10-1, 17-10-3, 17-10-4, 17-10-5, 17-10-6.1, 17-10-7 and 17-10-8) set no felony classes or degrees. Each felony statute states its own range instead.

O.C.G.A. 17-10-1(a)(1)(A) then tells the judge how to use that range. Except in cases where life imprisonment, life without parole or the death penalty may be imposed, the judge, after a presentence hearing, "shall prescribe a determinate sentence for a specific number of months or years which shall be within the minimum and maximum sentences prescribed by law as the punishment for the crime." The same paragraph gives the judge "power and authority to suspend or probate all or any part of the entire sentence."

The only formal sub-class is on the misdemeanor side: the misdemeanor of a high and aggravated nature.

Georgia punishment tiers at a glance

The felony row is the range the offense statute sets on its own; O.C.G.A. 17-10-6.1, 17-10-6.2 and 17-10-7 set mandatory or higher terms for some convictions, described below. The misdemeanor rows are the general punishments. O.C.G.A. 17-10-3(a) opens with "Except as otherwise provided by law," so a particular offense statute can set a different punishment.

How a Georgia felony sentence is actually set

There is no sentencing grid in these sections. The judge picks a determinate term inside the offense's statutory range under O.C.G.A. 17-10-1(a)(1)(A), and may suspend or probate part or all of it. Several general rules can override that choice.

Mandatory minimums for serious violent felonies. Under O.C.G.A. 17-10-6.1(b)(1), except as provided in subsection (e), a person convicted of kidnapping involving a victim 14 or older, or of armed robbery, "shall be sentenced to a mandatory minimum term of imprisonment of ten years," and no part of it may be "suspended, stayed, probated, deferred, or withheld." For the serious violent felonies covered by paragraph (b)(2), the sentence, unless it is life imprisonment, must be a split sentence with "a mandatory minimum term of imprisonment of 25 years, followed by probation for life."

Sexual offenses. Listed sexual offenses carry their own mandatory minimum and split-sentence rules under O.C.G.A. 17-10-6.2, and the judge's power to suspend or probate a sentence is expressly "subject to the provisions of Code Sections 17-10-6.1 and 17-10-6.2" (O.C.G.A. 17-10-1(a)(1)(A)).

A second serious violent felony. Except as provided in O.C.G.A. 17-10-6.1(e), a person with a prior conviction for a serious violent felony (murder or felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy or aggravated sexual battery) who is convicted of another and not sentenced to death "shall be sentenced to imprisonment for life without parole" (O.C.G.A. 17-10-7(b)(2)). That sentence may not be suspended, stayed, probated, deferred or withheld, and the person is not eligible for parole, early release or other sentence-reducing measures, except as the Constitution may authorize.

Repeat felonies. Except as provided in subsections (b) and (b.1), a person previously convicted of a felony and sentenced to confinement who commits another felony punishable by confinement "shall be sentenced to undergo the longest period of time prescribed for the punishment of the subsequent offense," although, unless otherwise provided by law, the judge may probate or suspend that maximum (O.C.G.A. 17-10-7(a)).

A fourth felony. Under O.C.G.A. 17-10-7(c), subject to the same exceptions, a person with three prior felony convictions who commits a fourth felony in Georgia must "serve the maximum time provided in the sentence of the judge" and "shall not be eligible for parole until the maximum sentence has been served."

Felony fines when the statute sets none

A felony statute may set its own fine. When no fine amount is set by law, O.C.G.A. 17-10-8(a) fills the gap: "In a felony case, when a statutory fine amount is not set by law, upon conviction, the court may impose a fine not to exceed $100,000.00."

Can a felony be punished as a misdemeanor in Georgia?

Yes, for some felonies. O.C.G.A. 17-10-5 provides: "When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose punishment as for a misdemeanor."

The statute is limited by its own terms. It applies only to a felony whose maximum is ten years or less, and the decision belongs to the judge's discretion.

When repeat misdemeanors become a felony (O.C.G.A. 17-10-3.2)

House Bill 1075 (Act 717 of the 2026 session) enacted O.C.G.A. 17-10-3.2, which the Office of Legislative Counsel's 2026 summary of enacted statutes lists as "Effective July 1, 2026." It works in the opposite direction from 17-10-5, turning a series of misdemeanors into a felony.

• What counts. A "qualifying misdemeanor" is any misdemeanor conviction under Chapter 5 or 6 of Title 16, or a conviction under another state's or federal law for a crime that would be such a misdemeanor in Georgia (17-10-3.2(a)).
• The trigger. "Upon conviction of a fourth or subsequent qualifying misdemeanor within a ten-year period of time," measured from the dates of the earlier arrests that led to convictions or accepted nolo contendere pleas to the date of the current arrest, "the defendant shall be deemed to have committed a felony" (17-10-3.2(b)).
• The punishment. "Imprisonment of not less than one year nor more than ten years," and "The first year of such sentence shall not be suspended, probated, deferred, or withheld" (17-10-3.2(b)).
• Same-day offenses. "Multiple qualifying misdemeanors occurring on a single date shall constitute only one qualifying misdemeanor conviction" (17-10-3.2(c)).
• Procedure. The earlier qualifying misdemeanors must be alleged in a separate count of the indictment, and a certified copy of the judgment for an earlier one is prima facie evidence of that conviction (17-10-3.2(d)-(e)).

Is there an infraction or violation tier in Georgia?

Not in the general definitions. O.C.G.A. 16-1-3 sorts crimes into felonies and misdemeanors and defines no infraction or violation category below them.

Traffic offenses illustrate the point. Under O.C.G.A. 40-6-1(a), "unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter," which covers Chapter 6 of Title 40, the rules of the road. City and county ordinance violations are a separate local matter outside this page.

Probation in Georgia

How long probation can last. When the court places a defendant on probation, it may do so "for the duration of the sentence," and "The period of probation or suspension shall not exceed the maximum sentence of confinement which could be imposed on the defendant" (O.C.G.A. 42-8-34(c)). For a misdemeanor punished under 17-10-3(a)(1) or 17-10-4(a), that maximum is 12 months; for a felony, it is the maximum in the offense statute.

How long active supervision lasts. Georgia separates the probation term from active supervision. Under O.C.G.A. 17-10-1(a)(2)(A), "Active probation supervision shall terminate in all cases no later than two years from the commencement of active probation supervision unless specially extended or reinstated by the sentencing court upon notice and hearing and for good cause shown." The statute lists three exceptions:

• Restitution. Supervision lasts as long as a restitution obligation is outstanding, or until the sentence ends, whichever comes first.
• Street gang convictions. For a conviction under the Georgia Street Gang Terrorism and Prevention Act (Chapter 15 of Title 16), supervision lasts until the sentence ends but "shall not exceed five years unless as otherwise provided in this paragraph."
• Sex offender registration. For a conviction requiring registration under O.C.G.A. 42-1-12, supervision lasts until the court orders unsupervised probation or the sentence ends, whichever comes first.

Early termination. For a defendant with no prior felony conviction who is convicted of a felony, or who is charged with a felony and sentenced under conditional discharge (O.C.G.A. 16-13-2) or as a first offender, and who receives probation or no more than 12 months in prison followed by probation, the sentencing order must include a behavioral incentive date no more than three years after sentencing; since a 2021 amendment (SB 105), a date left out of the order is three years by operation of law. If by then the person has paid all restitution, has not had probation revoked in the preceding 24 months and has not been arrested for anything other than a nonserious traffic offense, the Department of Community Supervision sends the court an order terminating probation, which the court signs unless the court or the prosecutor asks for a hearing within 30 days (O.C.G.A. 17-10-1(a)(1)(B)). O.C.G.A. 42-8-37 provides a similar process after three years of probation for qualified offenses.

O.C.G.A. 42-8-34.1(g) repeats the two-year rule from the supervision side: "In no event shall an offender be supervised on probation for more than a total of two years for any one offense or series of offenses arising out of the same transaction, whether before or after confinement," except as provided in 17-10-1(a)(2) and 42-8-34(g).

What happens after a probation violation in Georgia

O.C.G.A. 42-8-34.1 sets the standard and the limits.

• Proof. A court "may not revoke any part of any probated or suspended sentence unless the defendant admits the violation as alleged or unless the evidence produced at the revocation hearing establishes by a preponderance of the evidence the violation or violations alleged" (42-8-34.1(b)).
• A general condition (not a new felony). For a violation of a general condition other than a new felony, the court must first consider alternatives such as community service, probation detention centers or special alternative incarceration; if the defendant does not meet the criteria for them, it "may revoke the balance of probation or not more than two years in confinement, whichever is less" (42-8-34.1(c)).
• A new felony. If the violation is the commission of a felony, the court may revoke no more than the lesser of the balance of probation or the maximum sentence authorized for that new felony (42-8-34.1(d)).
• A special condition. If the violation is of a special condition of probation, the court may revoke and require the defendant to serve the balance, or a portion of the balance, of the original sentence in confinement (42-8-34.1(e)).

When a confinement sentence is imposed on a revocation, the defendant receives credit for each day served in confinement since the date of the violation (O.C.G.A. 42-8-38, as amended by HB 535 of 2026).

Recent changes

In 2026, HB 1075 (Act 717) enacted O.C.G.A. 17-10-3.2, the repeat-misdemeanor felony described above, effective July 1, 2026. The bill has two sections: Section 1 enacts 17-10-3.2, and Section 2 repeals conflicting laws.

Also in 2026, HB 535 (Act 384) amended O.C.G.A. 42-8-38 so that a defendant given a confinement sentence after a probation revocation receives credit for each day served in confinement since the date of the violation. The Act took effect May 5, 2026, with one section effective July 1, 2026.

In 2021, SB 105 (Act 151, effective May 3, 2021) amended O.C.G.A. 17-10-1 and 42-8-37 to revise the early termination of probation described above.

Related legal issues

• How specific crimes are punished. Because Georgia has no classes, the range for each offense lives in its own statute. Our Georgia theft laws page explains how theft is punished by amount, and Georgia assault and battery laws covers when assault and battery are misdemeanors, high and aggravated misdemeanors or felonies.
• Life sentences. For offenses punishable by life, see how long a life sentence is in Georgia.
• Clearing a record. See Georgia expungement laws for record restriction.
• Time limits to charge. See the Georgia statute of limitations page.

Federal law adds one consequence tied to the felony line: 18 U.S.C. 922(g)(1) bars firearm possession by a person convicted of "a crime punishable by imprisonment for a term exceeding one year," and 18 U.S.C. 921(a)(20) excludes any state offense "classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal side.

Related pages

• Felony and misdemeanor classes by state
• Georgia theft laws
• Georgia assault and battery laws
• Georgia expungement laws
• How long is a life sentence in Georgia?
• Florida felony and misdemeanor classes
• Alabama felony and misdemeanor classes

This page provides general legal information about Georgia's felony and misdemeanor definitions and general sentencing statutes. It is not legal advice. For a specific situation, contact a lawyer licensed in Georgia.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in Georgia?

A felony is a crime punishable by death, life imprisonment or imprisonment for more than 12 months; every other crime is a misdemeanor (O.C.G.A. 16-1-3(5), (9)).

What are the felony classes in Georgia?

Georgia has none. Each felony statute sets its own minimum and maximum, and the judge imposes a determinate sentence within that range, except where life, life without parole or death may be imposed (O.C.G.A. 17-10-1(a)(1)(A)). Mandatory minimum and repeat-offender rules can require longer or unsuspended terms (O.C.G.A. 17-10-6.1, 17-10-6.2, 17-10-7).

What is the maximum sentence for a misdemeanor in Georgia?

Except as otherwise provided by law, up to 12 months in jail, a fine of up to $1,000, or both (O.C.G.A. 17-10-3(a)(1)). A misdemeanor of a high and aggravated nature carries up to 12 months, a fine of up to $5,000, or both (O.C.G.A. 17-10-4(a)).

What is a misdemeanor of a high and aggravated nature in Georgia?

It is Georgia's higher misdemeanor tier. It keeps the 12-month jail maximum but raises the maximum fine to $5,000 (O.C.G.A. 17-10-4(a)).

Can a Georgia felony be punished as a misdemeanor?

For a felony with a maximum term of ten years or less, the judge may, in his or her discretion, impose punishment as for a misdemeanor (O.C.G.A. 17-10-5).

Can repeat misdemeanors become a felony in Georgia?

Yes, since July 1, 2026. A fourth or later conviction within a ten-year period for a misdemeanor under Chapter 5 or 6 of Title 16 (or an equivalent out-of-state or federal crime) is treated as a felony punishable by 1 to 10 years, with the first year not suspendable; misdemeanors from the same date count once (O.C.G.A. 17-10-3.2).

How long is probation in Georgia?

Probation cannot exceed the maximum confinement sentence the court could impose (O.C.G.A. 42-8-34(c)). Active supervision ends within two years unless the court extends or reinstates it for good cause after notice and a hearing, with exceptions for restitution, street gang convictions and sex offender registration (O.C.G.A. 17-10-1(a)(2)(A)). A defendant with no prior felony who receives probation (or up to 12 months followed by probation), whether convicted of a felony or sentenced on a felony charge under conditional discharge or as a first offender, gets a behavioral incentive date of no more than three years, after which probation can be terminated early if the statute's conditions are met (O.C.G.A. 17-10-1(a)(1)(B)).

What happens if you violate probation in Georgia?

The violation must be admitted or proven by a preponderance of the evidence (O.C.G.A. 42-8-34.1(b)). Depending on the violation, the court may revoke up to the lesser of the balance or two years for a general condition (after considering alternatives), the lesser of the balance or the new felony's maximum, or for a special condition the balance of the original sentence (O.C.G.A. 42-8-34.1(c)-(e)).

Is a traffic ticket a crime in Georgia?

Georgia's general definitions have no infraction tier, and O.C.G.A. 40-6-1(a) makes a violation of the rules of the road in Chapter 6 of Title 40 a misdemeanor unless that chapter declares otherwise for a particular offense.