What Is a Third-Degree Felony in Georgia?

In Georgia, third-degree felonies are the least severe version of felony offenses. Such crimes typically involve acts of recklessness or negligence that result in potential or actual harm or injury. In most instances, a felony becomes a third-degree if the perpetrator didn’t use a deadly weapon.

The Georgia Code does have a classification system for felonies. However, it grades most felony crimes into degrees based on their severity, the number of prior convictions, the value of the affected properties, and corresponding penalties. Imposed penalties may also act as a differentiating factor between degrees of felonies. A first-degree murder or other violent felony may attract the death penalty or life imprisonment. In contrast, a third-degree arson is punishable by one to five years in jail and fines up to $10,000

Common Offenses That Fall Under Third-Degree Felony Charges

Under the Georgia Code, types of crimes that are classified as third-degree may include:

• Arson: A person is guilty of arson in the third degree if they set fire to or cause an explosion on an insured property, and the value of the property is $ 25,000 or more. It’s also a third-degree arson if the defendant convinces or hires another to set fire or cause an explosion to a property valued at $25
• Cruelty to children: A person commits cruelty to children in the third degree when such persons allow minors to witness a violent incident. O.C.G.A. § 16-5-70
• Forgery: Under O.C.G.A. § 16-9-1, a person commits third-degree forgery when he or she intentionally writes or alters a check for $1,500 or more using a fake name with the intent to defraud another person.

Penalties and Sentencing for Third-Degree Felonies in Georgia

In Georgia, individuals convicted of a third-degree felony may receive a sentence ranging from one to five years in prison. The state may also impose fines of up to $5,000 and sentences.

Penalties for third-degree felonies may vary depending on the severity of the crime and the number of prior convictions. There are instances when the court may impose the maximum penalty or increase the penalty if the offender has a previous conviction for the same offense. Mitigating circumstances, such as acts of violence or the use of a deadly weapon, may also increase the crime penalty.

Will You Go to Jail for a Third-Degree Felony in Georgia?

Yes. Individuals convicted of third-degree felonies may be sentenced to jail for a term of one to five years. The court judge may choose to impose the minimum or maximum sentence after considering various factors related to the incident. There are also instances when the court imposes fines as part of the sentencing for third-degree felony convictions.

Note that the court may offer probation as an alternative to prison sentences. In such instances, the court will defer and subsequently dismiss judgment after the offender completes the conditions attached to the probation.

How Long Does a Third-Degree Felony Stay on Your Record?

In Georgia, third-degree felonies stay on record permanently, unless you get them sealed or expunged. While they are visible, criminal records may have lasting and severe consequences for their subjects. These consequences may include difficulty in getting employment in security-sensitive institutions. For instance, banks may refuse applications from persons convicted of third-degree forgery. Other implications of third-degree felonies may include:

• Difficulty in getting housing: Landlords may conduct background checks as part of the screening process for renting out properties. Persons convicted of violent crimes might be exempted from housing bids.
• Difficulty in getting visas to specific countries: Some countries conduct background checks to determine if a prospective traveller is a security risk to their citizens. Thus, they may reject or deny visa applications from convicted offenders.
• Loss of civil rights: Convicted felons in Georgia might lose their right to vote while incarcerated. However, the state restores the rights after incarceration.

Can a Third-Degree Felony Be Sealed or Expunged in Georgia?

Yes, you may seal or restrict third-degree felony records in the state of Georgia. The state statutes do not support expungement, which is the total erasure of records. However, it only allows sealing or record restrictions, which will enable the record to remain visible to eligible government entities.

Convicted offenders may seal third-degree felonies under these conditions:

• You were not aware of your eligibility to be sentenced as a first offender for a prior conviction. (O.C.G.A. § 42-8-66).
• You were arrested but not charged in court.
• The case was dismissed by the court.
• You received a pardon for an eligible offense and have not been convicted of any other crime since the pardon.
• The record is restricted on the Georgia Criminal Information Center (GCIC) database.

Eligible parties can file for record sealing at the court that passed the conviction.

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

Georgia’s third-degree felonies are the least severe version of a felony offense. Felonies in this category typically lack the massive damages caused by more severe crimes. A typical third-degree felony may result from reckless or negligent behavior.

Unlike other felony classes, third-degree felonies carry less severe penalties, which may range from one to five years in jail. In contrast, first-degree felonies attract the most severe penalties. Case in point: First-degree arson carries penalties, including a maximum sentence of 20 years in jail and fines of up to $50,000. However, offenders may receive up to 5 years' imprisonment for third-degree arson.

How to Look Up Third-Degree Felony Records in Georgia

You may look up or access third-degree felony records by using resources provided by government entities in Georgia. The state’s entities maintain online or offline access to documents in their custody. As an example, you can use the Georgia E-Access platform to view online court records generated by local courts.

The state’s superior court and magistrate courts may also provide access to court records filed in their respective courthouses. Interested parties may obtain records from these courts by sending a written request or visiting the court in person at its address.

Probation and Parole for Third-Degree Felony Offenders

Persons convicted of third-degree felonies may qualify for parole and probation. Most inmates serving time for third-degree felonies may become eligible for parole after completing one-third of the sentence. The Georgia State Board of Pardons and Paroles might automatically consider eligible inmates for parole.

However, inmates are not eligible for parole if they are serving time for a fourth or more convictions for a third-degree felony. Third-degree offenders may be eligible for probation instead of a prison sentence. The court may impose a felony probation or a first offender probation on an offender. Offenders receive the latter type of probation if there are no prior convictions for the offense. On the other hand, offenders with two or more previous convictions may qualify for felony probation. Offenders under this probation may receive six months of supervision before they are eligible for unsupervised probation.