First Degree Felony in Georgia

Georgia laws define felonies as offenses punishable by the highest penalties, including more than 12 months' imprisonment, life imprisonment, or the death penalty. Crimes under Georgia law are not grouped into classes; instead, some crimes are divided by degree to indicate the severity of the offense. For example, under GA Code § 16-7-1, burglary is subdivided into first-degree and second-degree, each with separate explanations and penalties.

First-degree offenses are the most serious types of crime in Georgia. They are punishable by the longest prison sentences, the most significant fines, and, in the case of capital offenses, the death penalty. GA Code Title 16 (Crimes and Offenses) has chapters that define the types of crimes and their classification by degree under Georgia law. Record seekers may be able to look up more detailed information on these types of crimes in Criminal Court Records from various sources.

Public Access to First Degree Felony Records in Georgia

Under Georgia's public record laws, first-degree felony records are generally public and can be accessed by anyone who submits a successful request to the appropriate record custodian. This means, unless a conviction record is exempt or restricted by law, it is open to the general public. Limitations to accessing public records in Georgia include the following:

• Sealed and expunged records can not be accessed by the public
• The records of pending court cases may be accessed until the cases have ended
• Juvenile records are sealed and not available to the public

Interested parties may access first-degree felony records, such as court records and conviction records, via the following:

Common Crimes Classified as First Degree Felonies in Georgia

Georgia law does not classify or group offenses in general terms; instead, the degree system is used to show the severity of a particular offense. First-degree felonies are simply the most severe forms of crimes in Georgia and carry the highest punishments. These punishments can range from long-term prison sentences to life imprisonment and the death penalty. Examples of first-degree felonies in Georgia include the following:

Armed Robbery is the unlawful taking of property from another person by force or threat while armed with a weapon. The presence of weaponry and violence or threat elevates this kind of robbery to the first degree. According to the FBI Crime Data Explorer, in 2024, law enforcement agencies reported 4,169 robberies in Georgia.

First-degree Murder: This is defined as the killing of another person intentionally or with Malice aforethought. It also includes causing a death while committing a felony. Homicide in Georgia typically carries the most severe punishments, such as life imprisonment and the death penalty. The FBI database shows that law enforcement reported 742 murders in Georgia.

Rape: In Georgia, a person commits rape if they have carnal knowledge of a person forcibly against their will or if the victim is less than ten years old. An offender convicted of rape may be punished by death or life imprisonment. Crime statistics on the FBI crime data explorer show that in 2024, 3382 rapes were reported in Georgia.

Prison Sentences and Fines for First Degree Felonies in Georgia

As first-degree offences in Georgia are treated individually, the range of penalties may vary depending on the type of crime and the court’s discretion. Aggravating factors such as death, violence, use of a deadly weapon, and the defendant's prior offenses may also affect punishments such as prison sentences and fines. Some serious violent felonies also have mandatory minimum sentences, meaning that they automatically do not qualify for probation or sentence suspension. Although fines in felony cases are typically set at the court’s discretion, GA Code § 17-10-8 says the court may impose a fine not exceeding $100,000.

What is the Maximum Sentence for a First-Degree Felony in Georgia?

The maximum sentence for a first-degree felony under Georgia law is the death penalty; this is typically imposed for certain capital felonies, including murder. Where the death penalty is not passed, the next most severe punishment is life in prison without the possibility of parole.

In other felony cases, certain aggravating factors may increase the penalties for the crime. An aggravating factor may escalate a jail term from 20 years to life in prison or cause a crime to carry a mandatory minimum sentence. Such factors include the following:

• The death of a victim while committing another felony, such as robbery.
• The age or vulnerability of the victim in cases like sexual assault or kidnapping.
• The use of a deadly weapon during crimes, such as assault, burglary, or robbery.
• The crime is identified as a hate crime motivated by prejudice against a protected class or minority.
• The defendant is a repeat felony offender

What is First Degree Murder in Georgia?

First-degree murder in Georgia is typically referred to as felony murder or malice murder. Felony murder is causing the death of a person while committing another felony, such as armed robbery, while malice murder is causing the death of a person unlawfully, intentionally, and with malice aforethought. It is considered one of the most serious crimes in Georgia and carries the most severe penalties in the state.

Georgia law does not classify murder in particular in degrees; instead, the offense is considered a distinct form of offense called a capital felony with its own sentencing system. Malice or felony murder can be punished by the death penalty or life imprisonment with or without parole. In most cases, parole may only be considered after at least 30 years have been served.

Can First Degree Felony Records Be Sealed or Expunged in Georgia?

Expungement and sealing are methods of removing or restricting access to criminal records from public view. In Georgia, certain criminal records may be restricted and exempted from public access under GA Code § 35-3-37. Although employers and the general public cannot look up these records during searches, law enforcement can still access them.

First-degree felonies in Georgia may only qualify to be restricted if they meet specific criteria.

• If a first-degree felony charge was dismissed or nolle prossed, or otherwise not prosecuted or brought to trial
• If the defendant was found not guilty at trial, it may qualify for restriction.

Most first-degree felonies and any serious felonies do not qualify for restriction if the defendant was convicted. This particularly extends to felonies involving violence, sexual offenses, and crimes involving minors. An exception to a conviction being restricted is if the conviction is vacated, pardoned, or reversed on appeal. In these circumstances, an exception may be considered to allow the record to be restricted.

Difference Between First Degree and Second Degree Felonies in Georgia

Georgia law does not formally separate felonies into categories like first and second degree, like other states. The law rather classifies crimes separately, with the degree showing the severity of that particular crime. The term first-degree is used to describe the most serious types of a particular crime, while second-degree describes a less severe form.

First-degree offenses are the most serious and carry the heaviest penalties and prison sentences. They usually involve violence and the use of weapons and lead to serious injury to the victim and death. Prison sentences can extend up to life imprisonment, and the death penalty may be imposed for the most serious first-degree offenses.

Second-degree felonies are less severe but still considered serious crimes. Usually, they involve less violence and do not typically end in the intentional death of their victims. Sentences may range from a few years to up to 25 years, and there is usually the possibility of parole.

Statute of Limitations for First Degree Felony Charges in Georgia

The statute of limitations in Georgia is the legal deadline for prosecutors to bring criminal charges against offenders in the state. This time limit usually aims to ensure cases are handled while information and evidence are fresh and reliable. Under Georgia law (GA Code § 17-3-1), most felonies generally have a four-year statute of limitations, which may be extended to seven years depending on the case.

However, more serious crimes, such as murder, have no statute of limitations and can be prosecuted at any time. The four-year statute of limitations can also be extended or removed entirely in certain cases. For example, when DNA evidence is used to identify the criminal in felony cases such as robbery, kidnapping, and rape.

Probation and Parole Eligibility for First Degree Felonies in Georgia

Probation is a court-ordered sentence typically imposed as an alternative to prison time at a facility, while parole is a period of supervision following early release from a facility. The more serious felonies and first-degree offenses in Georgia have strict restrictions on community supervision programs, such as probation and parole. For example, a first-degree offense may have a minimum mandatory sentence, which prohibits probation. Parole, on the other hand, requires the offender to serve a certain amount of the prison sentence to qualify. The usual minimum sentences for felonies include the following: 10 years for armed robbery, 25 years for sexual assault, or 30 years for a life sentence, if parole applies to it.

Impact of a First Degree Felony Conviction on Criminal Records in Georgia

Being convicted of a first-degree felony in Georgia carries various long-term repercussions for felons that extend beyond prison. Records of these offenses are public and highly accessible, hence they affect almost all parts of a person’s life.

Some effects of a felony record on a person’s everyday life include the following:

• Employment: Employers generally do background checks on prospective employees, and violent felonies will show on the check unless restricted. This typically disqualifies felons from many jobs, particularly jobs involving government, healthcare, security, professional licenses, and education.
• Immigration: A felony conviction will typically trigger deportation of a non-citizen after their sentence has been completed. Having such a record may also lead to the denial of visa applications and permanent bars on obtaining US citizenship.
• Housing Issues: Landlords usually screen prospective tenants using background checks, and applicants with violent felony records may be denied. Public housing authorities may also deny housing applications with violent or drug-related convictions.
• Voting Rights: Defendants convicted of felonies in Georgia usually lose their voting rights until the full sentence, including all prison time, probation, and parole, is complete.
• Gun Rights: A person convicted of a first-degree felony in Georgia will lose their Second Amendment rights under Georgia and federal laws. Restoration is rare and only possible after a pardon by the Georgia Board of Pardons and Paroles.