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Georgia Criminal Laws

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By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last updated
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The criminal code of Georgia defines criminal behavior and outlines penalties appropriate for each type of crime. Each criminal act has a specific definition, degrees of severity, and possible defenses. The general provisions of the Georgia Criminal Code affirm that only actions proscribed by statutes of Georgia or another state constitute crimes (§ 16-1-4).

The criminal code gives Georgia’s criminal justice system the framework to ensure fair and proportional penalties for all criminal actions brought to court. It also ensures that law enforcement has guidelines for maintaining public order.

Types of Crimes and Criminal Offenses in Georgia

To convict someone of a crime in Georgia, prosecutors must prove criminal liability. This means an intent to commit a crime or criminal negligence (§ 16-2-1). If there was no intent or wanton recklessness indicative of criminal negligence, there was no crime.

Georgia has two broad categories for most offenses, felonies, and misdemeanors (§ 16-1-3).

  • Felonies are crimes punishable by imprisonment of more than 12 months, life imprisonment, or the death penalty. A forcible felony involves the use or threat of force.
  • Misdemeanors are all other crimes. Forcible misdemeanors involve the use or threat of force against the victim.

Traffic violations, code citations, and other minor offenses are infractions. Penalties for infractions are usually fines. Unlike felonies and misdemeanors, infractions often violate city or county codes enforced by local courts.

Degrees of Crimes and Criminal Attempt

Unlike some states, Georgia does not divide crimes into felonies and misdemeanors. Instead, each type of criminal act has degrees, so that one crime can be a felony or a misdemeanor, depending on other factors. This gives courts greater flexibility in sentencing.

For example, involuntary manslaughter (§ 16-5-3) is the death of a human being without intent to do so. It is a felony when it occurs during the commission of an unlawful act other than a felony. It is a misdemeanor if it happens during the commission of a lawful act carried out in a criminally negligent manner.

Criminal attempt (§ 16-4-1) exists when an offender performs any "substantial step" toward the commission of a crime with the intention of committing that crime. Courts may not find an offender guilty of both the attempt and the completed crime.

Defenses to Criminal Prosecution

Under Georgia law, there are valid defenses to some criminal acts. Anyone facing criminal charges should contact a criminal defense lawyer immediately. Attempting these defenses alone is not advisable for the layperson.

Legal capacity. A person can’t be guilty if, at the time of the offense (§ 16-3-1 et seq.):

  • They were under 13
  • They could not distinguish between right and wrong or suffered a delusional compulsion to act due to mental disease, injury, or congenital defect
  • They were suffering from involuntary intoxication
  • They were operating under a misapprehension of fact which, if true, would have justified their act

Justification and excuse. It may be an affirmative defense or justifiable excuse for a crime if: (§ 16-3-21 et seq.).

  • The person was exercising their right to self-defense or the defense of others
  • The person was in their home and defending their personal property or family members
  • A government agency or law enforcement unlawfully entrapped the person
  • For any crime except murder, the person was acting under coercion and reasonably believed performing such crime was the only way to prevent serious injury or death

Alibi. If it is impossible for the alleged offender to have committed the offense due to their presence at another location, the time and place must reasonably exclude the possibility of presence (§ 16-3-40). This is a legally obscure way of saying you must provide evidence proving you were elsewhere at the time.

Get Legal Advice From a Georgia Criminal Defense Attorney

Anyone facing criminal charges needs legal help to understand the laws and criminal procedures in the courts. Potential sentences range from fines and community service to incarceration. If you or a loved one have questions about Georgia’s criminal laws, contact an experienced Georgia criminal defense attorney immediately. 

Learn About Georgia Criminal Laws

  • Georgia Assault and Battery Laws

    The basics of how Georgia criminal prosecutors charge assault and battery, which are two separate crimes that often go together, and the common sentences upon conviction.

  • Georgia DUI Laws

    Facing a DUI charge in Georgia? Navigating the court system can be perplexing. Here’s a general guide through the process, which includes information about criminal and administrative proceedings and driver’s license suspension.

  • Georgia Gun Control Laws

    The basics of gun control laws in Georgia. Learn about illegal firearms, waiting periods, and conditions for gun ownership bans.

  • Georgia Sexual Assault Laws

    Primer on sexual assault laws in the state of Georgia, including the definition of the crime, how it is charged, penalties, and links to related content.

  • Georgia Domestic Violence Laws

    An overview of Georgia’s domestic violence laws and the meaning of “family violence,” which includes intimate partner violence and teen dating violence. It also includes information on protective orders.

  • Georgia Marijuana Laws

    Overview of marijuana laws in Georgia, including possession, sale, trafficking, and cultivation.

Georgia Criminal Law Articles

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  • Defense attorneys can help protect your rights
  • A lawyer can seek to reduce or eliminate criminal penalties

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