Felony Defense in Georgia: Protect Your Freedom and Your Future

A felony charge in Georgia is the most serious criminal accusation you can face. Felonies carry prison sentences of 1 year or more, significant fines, and lifelong consequences: loss of voting rights while serving a sentence, loss of gun rights, difficulty obtaining employment, and for non-citizens, immigration consequences that frequently include deportation. At J. Lee & Associates, we defend felony cases in Gwinnett County Superior Court.

The felony process begins with arrest and first appearance, followed by preliminary hearing, grand jury indictment, and finally trial or resolution through plea bargain. Under O.C.G.A. § 16-1-3, felonies are punishable by 1 to 20 or more years in prison. Certain offenses such as murder, rape, armed robbery, and drug trafficking carry mandatory minimum sentences.

The most important decision in a felony case is the defense strategy: fight for acquittal at trial, negotiate a plea reducing the charge to a misdemeanor, or seek the First Offender Act (O.C.G.A. § 42-8-60) which avoids a formal conviction. The First Offender Act is especially valuable: upon completing probation, the charge is restricted and you can legally state that you have no conviction.

Steps You Should Take

1

Exercise Your Right to Silence

Do not give statements without your attorney. Say: 'I want to speak to my attorney before making any statement.'

2

Contact JLA Before First Appearance

First appearance sets bail conditions. An attorney present can argue for reasonable bail. Call (770) 609-9396 immediately.

3

Don't Discuss Your Case with Anyone

Do not talk to cellmates, family, friends, or on social media. Jail conversations may be monitored. Only speak with your attorney.

4

Gather Favorable Evidence

Employment records, character letters, medical records, alibi evidence, security footage. Any evidence in your favor can be decisive.

Frequently Asked Questions

What is the First Offender Act?
Under O.C.G.A. § 42-8-60, if you have never been convicted of a felony, the judge can sentence you under First Offender. Upon successful completion, the conviction is restricted. It is not automatic; your attorney must request it.
What is a grand jury?
A jury of 16 to 23 citizens that decides whether there is probable cause to indict. The prosecutor presents evidence; the defense generally does not participate. If they decline to indict, charges are dropped.
Can my felony be negotiated down to a misdemeanor?
In many cases, yes. Plea bargaining can result in reduced charges, especially if the evidence is weak, it is a first offense, or there are mitigating circumstances.
How long does a felony case take?
Typically 6 months to 2 years in Gwinnett County. Factors: evidence complexity, court calendar, negotiations, and whether the case goes to trial.
Does a felony cause deportation?
Many do. 'Aggravated felonies' under INA § 101(a)(43) cause near-automatic deportation: crimes of violence with 1+ year sentence, drug trafficking, theft with 1+ year, fraud over $10,000. We always evaluate the immigration angle.

Applicable Laws

O.C.G.A. § 16-1-3Crime classification: felonies punishable by 1+ year imprisonment.
O.C.G.A. § 42-8-60First Offender Act: sentence without formal conviction.
O.C.G.A. § 17-7-50Right to preliminary hearing in felony cases.
O.C.G.A. § 17-7-70Grand jury procedure.

Related Services

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Schedule Consultation(770) 609-9396

1250 Tech Dr, Suite 240

Norcross, GA 30093

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