Georgia Juvenile Crime Laws

Every state treats juveniles differently than adults when it comes to crime. While there are some situations in which the courts treat a minor as an adult, for the most part, the law treats people under 18 less severely.

If you or your child is facing criminal charges in the state of Georgia, you should know what to expect. Even though most criminal laws are more lenient regarding juvenile offenders, that doesn’t mean your child will avoid punishment.

This article examines Georgia’s criminal laws and how they apply to juvenile cases. It explains how juvenile courts are different from adult courts before describing the penalties juveniles face if they commit a serious crime in Georgia. Getting legal assistance from a Georgia criminal defense attorney is a good idea if facing criminal charges.

Juvenile Crimes in Georgia at a Glance

The state cannot file criminal charges against a child under 13. Juvenile criminal courts handle cases involving young people under 18.

The Georgia Department of Juvenile Justice oversees juvenile crime and offers programs to help young people avoid jails, prisons, and other institutions. Juvenile justice system officials work closely with juvenile court judges in adjudicating criminal cases involving people under 21 years of age.

The following chart provides an overview of Georgia’s juvenile laws and how the Georgia juvenile courts apply the Juvenile Code to delinquent children and other offenders.

Georgia Juvenile Crimes Statutes

Georgia Code O.C.G.A.

Children in Need of Services Under Georgia Juvenile Crimes Law

Georgia's juvenile criminal justice system designates a child as a "child in need of services" when the child:

  • Is habitually truant
  • Is habitually disobedient of their parent/guardian or places themselves (or others) in unsafe situations
  • Runs away from home
  • Commits an offense only applicable to children
  • Loiters in a public place between midnight and 5 a.m.
  • Patronizes a bar that sells alcohol without their parent or guardian

Designated Felony Acts Under Georgia Juvenile Crimes Laws

Georgia’s juvenile code includes more serious delinquent acts (designated felonies) such as:

Class A Designated Felonies

  • Aggravated assault with serious bodily injury
  • Aggravated battery
  • Armed robbery without a firearm
  • First-degree arson
  • Attempted murder
  • Carjacking
  • First-degree home invasion
  • Kidnapping
  • Gang activity
  • Drug trafficking
  • Any other act that would be a felony if the child was an adult

Class B Designated Felonies

  • Aggravated assault (no serious bodily injury)
  • Battery
  • Robbery
  • Second-degree arson
  • Racketeering
  • Smash and grab burglary
  • Second-degree house invasion
  • Attempted kidnapping
  • Activity involving destructive devices
  • Subsequent violations of other serious crimes and misdemeanors

Imprisonment Under Georgia Juvenile Crimes Laws

Georgia’s juvenile code specifies the penalties for juvenile crimes:

  • Any child guilty of a crime that would be a felony in superior court and who commits another offense may face jail time as a youthful offender
  • The Georgia Department of Corrections will take custody of a child guilty of a felony punishable by death or life imprisonment
  • The juvenile courts review cases when an offender turns 17 years old to determine whether they should receive a reduced sentence, go on probation, or be transferred to Georgia’s Department of Corrections for the remainder of their sentence

Note: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult an attorney or conduct additional legal research to verify your state laws.

What Are the Alternatives to Prison for Juvenile Offenders in Georgia?

Georgia lawmakers implemented special criminal laws for juvenile offenders to help rehabilitate young people who commit delinquent acts rather than send them to prison. Under Georgia law, the courts must consider an offender’s age when determining a defendant’s punishment.

Some of these factors include:

  • The child’s age
  • The offender’s mental and physical health
  • The juvenile’s background and family situation
  • The child’s education

Rather than sentencing juvenile offenders to prison for years or even decades, juvenile court judges can place the child in a regional youth detention center (RYDC). Offenders receive supervision, support, and rehabilitative services to help with their eventual reintegration into society.

For minor offenses, courts often sentence young people to community service. A 17-year-old minor guilty of DUI or a serious traffic offense with no previous criminal record may be ordered to perform community service tasks instead of a prison term.

For more severe offenses, the only option aside from jail or prison may be to sentence the child to a juvenile detention center. Once the child turns 17, the court can reevaluate their case to see if they are deserving of release or if they should serve out their sentence in an adult prison.

If the court finds that a young offender requires help for issues such as mental health or substance abuse disorder, it can arrange to provide treatment.

Related Resources

To find more information on Georgia juvenile crime laws, check the following links:

Dealing With Juvenile Crime Charges? A Georgia Criminal Defense Lawyer Can Help

A child facing criminal charges or delinquency proceedings needs the best representation possible. The outcome of a juvenile proceeding may impact a child's future opportunities. With a conviction of aggravated sexual battery or voluntary manslaughter on their criminal record, it will be difficult to obtain an education, a job, or a place in the community.

If your child is facing criminal charges, contact a Georgia criminal defense attorney. They'll examine the case, explain the available options, and represent you or your child in court. 

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