What is a Second Degree Felony in Georgia?

In Georgia, a second-degree felony covers serious offenses less severe than first-degree felonies but more consequential than misdemeanors. The state classifies felonies by "degree" on a crime-by-crime basis, with statutes defining each offense, unlike the uniform Felony Class A, B, C, and D system used in some other states.

For example, murder in the second degree occurs under O.C.G.A. § 16-5-1(d) when someone causes death while committing second-degree child cruelty, irrespective of malice. Another example is criminal damage to property in the second degree under O.C.G.A. § 16-7-23. The statute covers intentional property damage exceeding $500, or reckless or intentional damage by fire or explosives. Typically, the types of crimes classified second-degree felonies within the state often involve harm, death, or major property damage.

Which Crimes Are Considered Second Degree Felonies in Georgia?

Georgia law explicitly classifies some crimes as second-degree felonies, while others carry penalties that align with that level of severity:

• Second-Degree Murder (O.C.G.A. § 16-5-1) arises when a person, during second-degree child cruelty, causes another’s death, regardless of malice. The statute treats child cruelty as the underlying felony that elevates the death to murder. Unlike malice or felony murder, intent to kill is not required, but the penalty is still severe.
• Burglary in the Second Degree (O.C.G.A. § 16-7-1) occurs when a person enters or remains without authority in a building, structure, railroad car, watercraft, or aircraft with intent to commit a theft or felony. This offense focuses on unlawful entry where the location is not a dwelling. It separates less serious property intrusions from first-degree burglary, which involves homes or occupied dwellings.
• Arson in the Second Degree (O.C.G.A. § 16-7-61) occurs when an individual, by fire or explosives, damages an unoccupied dwelling or other specified property. The statute applies to buildings, vehicles, or structures that are not occupied at the time of the offense. It distinguishes less severe conduct from first-degree arson, which involves endangering human life.

Other common crimes with penalties similar to a “Second-Degree” Felony level include:

• Aggravated Assault (O.C.G.A. § 16-5-21): Assaulting another with intent to murder, rape, or rob, or using a deadly weapon capable of causing serious injury.
• Aggravated Battery (O.C.G.A. § 16-5-24): Inflicting serious harm such as disfigurement, loss of a limb, or unconsciousness.
• Voluntary Manslaughter (O.C.G.A. § 16-5-2): Killing under the influence of a sudden, violent passion triggered by serious provocation.
• Complex Drug Offenses (O.C.G.A. § 16-13-30): Involving possession, sale, or distribution of controlled substances. This depends on case severity, substance type, substance quantity, and nature of the act.

What is Second Degree Murder and How is it Classified in Georgia?

Georgia law ties second-degree murder exclusively to child cruelty. Under O.C.G.A. § 16-5-1(e), a person commits second-degree murder when, while committing second-degree child cruelty, they cause the death of another person, even without intent or malice. A person commits second-degree child cruelty when, through reckless neglect, they cause a child under 18 to suffer cruel or excessive physical or emotional pain.

This approach contrasts sharply with first-degree murder, referred to as malice murder. Malice murder occurs when someone unlawfully kills another with deliberate intent. This requires deliberate intent to kill, either expressed or implied.

Second-degree murder is also distinct from manslaughter, which state law separates into two forms:

• Voluntary manslaughter: This occurs when a killing happens in sudden, violent passion caused by provocation strong enough to overwhelm ordinary self-control.
• Involuntary manslaughter happens when someone causes an unintended death while breaking a non-felony law or while doing something legal in a reckless or dangerous way.

Georgia Second Degree Felonies Penalties and Punishment

Georgia assigns penalties to felonies individually, not by broad class. Some crimes are labeled by degree, including arson, burglary, murder, and criminal damage to property. Second-degree charges carry weighty consequences, but the sentence depends on the statute and case details.

Key penalties include the following:

• Prison: Ranges differ by offense. Criminal damage to property in the second degree carries 1–5 years, second-degree arson carries 1–10 years, and second-degree murder carries 10–30 years.
• Fines: Certain laws set limits, such as $25,000 for second-degree arson. If none is specified, courts may impose up to $100,000.
• Restitution: Courts can require repayment for losses, including damaged property, medical costs, or counseling expenses.
• Probation: Judges may shorten prison time by placing the offender under supervision instead. Probation comes with strict rules, and breaking them can send the person back to prison.

Penalties typically vary based on case details, like repeat felony convictions. For instance, burglary in the second degree carries 1–5 years for a first conviction but rises to 1–8 years for a second or subsequent conviction (O.C.G.A. § 16-7-1). After a fourth conviction for burglary in any degree, suspension, probation, or deferral is barred entirely. Penalties may increase when aggravating factors exist, including use of a weapon, harm to minors or elderly victims, or crimes involving multiple targets. By contrast, mitigating elements such as first-time offender status, active cooperation with authorities, or emotional distress during the offense can lessen punishment within statutory ranges.

The table below summaries the penalties for various serious crimes in Georgia.

Are Second Degree Felony Records Public in Georgia?

Yes, second-degree felony records in Georgia are generally public, but restrictions limit what information appears and who can see it. The state’s Open Records Act (O.C.G.A. § 50-18-70 et seq.) presumes that records kept by government agencies, including criminal history and law enforcement documents, are open for inspection unless a statute requires confidentiality.

Certain criminal history records may be restricted under O.C.G.A. § 35-3-37, including:

• Arrests that did not lead to prosecution
• Cases closed before charges
• Sealed or restricted records
• Juvenile felony records
• Expunged cases

Other details such as medical information, home addresses, or sensitive data that could affect privacy or safety may be redacted under O.C.G.A. § 50-18-72 and related exemptions.

How to Access Second Degree Felony Court Records in Georgia

Accessing felony records in Georgia requires knowing where to search and what information is needed. Parties should start by gathering identifiers such as full name, date of birth, county of arrest, and case numbers (if known).

• The Georgia Crime Information Center offers Georgia Felon Search, a fast online tool to confirm if any individual has second degree felony convictions. It requires a valid credit card, costs $15 per search, and results are instant. Users have to provide first and last name, date of birth, and sex. This tool does not return sealed, expunged, juvenile, or misdemeanor records.
• The Georgia Courts e-Access portal is another option for case information on second degree offenses.
• For records not available online, an Open Records request may be filed in-person to the Clerk of Superior Court in the county where the case was heard.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, second-degree felony charges in Georgia can sometimes be reduced or dismissed, but outcomes depend heavily on case facts, available evidence, and legal representation.

One path is a “plea bargain”, where prosecutors agree to reduce charges or penalties in exchange for a guilty plea. This often applies in nonviolent cases, when evidence is weak, or when the defendant cooperates. State law also allows certain felonies to be sentenced as misdemeanors under O.C.G.A. § 17-10-5, giving judges discretion to lessen penalties in qualifying cases.

Dismissal is another possibility. If prosecutors determine that evidence cannot support a conviction, charges may be dropped before trial. Defense attorneys can also challenge the case during preliminary hearings, asking a judge to dismiss based on insufficient proof. In some situations, specific charges within a multi-count indictment may be withdrawn.

Because results vary widely, consulting a skilled defense lawyer early is essential for negotiating reductions or securing dismissal.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Georgia?

It depends. In Georgia, a conviction record for a second-degree felony or murder cannot be cleared, even if a pardon is granted. However, records tied to charges that did not result in conviction may be eligible for restriction. A person charged with a second-degree felony or murder may qualify for record restriction if:

• The charge was dismissed by the prosecuting attorney, and more than four years has passed since arrest.
• The person was found not guilty or acquitted (eligible for restriction unless the prosecutor objects within 10 days of verdict).
• The grand jury returned a “no bill” on the charges.
• The charge was dismissed after successful completion of a pretrial diversion program or accountability court.

For arrest before July 1, 2013, restriction requests are handled through the Request to Restrict Arrest Record Form submitted to the arresting agency. For arrests on or after that date, the prosecuting attorney’s office provides the required form.

How Long Do Second Degree Felony Records Stay Public in Georgia?

Criminal records in Georgia, including second-degree felony records, generally stay public indefinitely. For non-conviction cases, records may be restricted after four years after arrest ((O.C.G.A. § 35-3-37). However, eligible non-conviction arrests before July 1, 2013, are typically restricted automatically. Conviction records, including murder, remain public indefinitely.