| CRIME | DEFINITION | PUNISHMENT |
| Murder | An unlawful killing or causing the death of a human being by another human being committed with malice aforethought | Death or life imprisonment |
| Felony Murder | An unlawful killing or causing the death of a human being by another human being committed while committing a felony | Death or life imprisonment |
| Voluntary Manslaughter | An unlawful killing or causing the death of a human being by another human being committed when the person acts as the result of a “sudden, violent, and irresistible passion” resulting from provocation sufficient to cause it | 1 – 20 years |
| Involuntary Manslaughter | An unlawful killing or causing the death of a human being by another human being committed unintentionally while committing an unlawful act other than a felony (for example, a homicide accidentally resulting from someone firing a gun in the city limits, a misdemeanor).
OR a homicide committed unintentionally by committing a lawful act in an unlawful manner likely to cause death or serious bodily harm. |
1-10 years
misdemeanor |
| Kidnapping | The abducting or stealing away of any person without lawful authority and the holding of that person against his or her will.
Kidnapping a person for ransom or injuring the person kidnapped. |
10-20 Years
Life imprisonment |
| Simple Assault | An attempt to violently injure another or an act that makes another fear immediate violent injury. | misdemeanor |
| Aggravated Assault | Assault with intent to murder, rape, or rob with a deadly weapon. | 1-20 years; victim 65 or older – 3-20 years; victim police officer -5-20 years |
| Simple Battery | Physically harming another intentionally or “making physical contact of an insulting or provoking nature.” | misdemeanor |
| Aggravated Battery | Maliciously harming another by depriving the person of a member of body, rendering member of body useless, or seriously disfiguring body or a member thereof. | 1-20 years; victim 65 or older – 3-20 years; victim police officer-10-20 years |
| Treason | A breach of one’s duty of allegiance to one’s state or country. Levying war against the state or country or giving aid or comfort to the enemies of the state or country | 15 years to life imprisonment |
| Arson | Knowingly damaging or causing another person to damage certain structures by means of fire or explosives.
First Degree: Harm to a place where people live or damage to a building that has a security interest or is insured. Second Degree: Harm to other types of property (that is, other buildings, vehicles, watercraft, aircraft, etc.) Third Degree: damage to personal property valued at $25 or greater by fire or explosion. |
1st:1-20 years or up to $50,000 fine or both
2nd:1-10 years or up to $25,000 fine or both 3rd:1-5 year or up to $10,000 fine or both |
| Trespassing | Entering upon the premises or land or vehicle of another knowingly and without authority for an unlawful purpose or after being forbidden to do so or not leaving when notified to leave another’s property.
Intentionally damaging the property of another (damages of $500 or less) or interfering with another’s holding or use of property. |
misdemeanor |
| Forcible Rape | Occurs when a person has carnal knowledge (sexual intercourse) by force against the victim’s will. | 10-20 years or life imprisonment or life without parole or death |
| Statutory Rape | Occurs when a person engages in sexual intercourse with another under the age of 16, not his/her spouse, even when there is consent.
Occurs when the victim is 14 or 15 and the offender is no more than 3 years older than the victim. |
1-20 years
misdemeanor |
| Prostitution | Offering, performing, or consenting to sexual intercourse for money. | misdemeanor |
| Armed Robbery | Taking the property of another when the offender uses a weapon. | 10-20 years, life imprisonment, death |
| Burglary | Entering residence of another without consent and with the intent to commit a felony or theft therein. | 1st offence: 1-20 years; 2nd offense: 2-20 years; 3rd offense: 5-25 years |
| Burglary 2nd | Same as 1st degree but not a dwelling | 1-5 years; 2nd offense: 1-8 years |
| Robbery | Taking the property of another by force, intimidation, or sudden snatching. | 1-20 years; if victim 65 or older: 5 – 20 years |
| Theft by Conversion | Occurs when, having lawfully obtained money or property of another under an agreement to do something specific with it, a person knowingly converts it (takes it) for his or her own use.
If amount in question is greater than $500. |
< $1500: misdemeanor. Greater value: 1-20 years. |
| Theft of Lost or Mislaid property | Occurs when person comes into control of property that he or she knows or discovers has been lost or mislaid and takes it for him- or herself and appropriates it without taking responsible measures to restore the property to its owner. | <$1500: misdemeanor; Greater value: 1-20 years. |
| Theft by Taking | Occurs when a person unlawfully takes or, after being in lawful possession of, unlawfully appropriates (takes, keeps), the property of another with the intention of depriving that person of the property. | <$1500: misdemeanor; Greater value: 1-20 years. |
| Theft by Receiving Stolen Property | Occurs when a person receives, disposes of, or retains stolen property that he or she knows or should know was stolen unless done with the intent to return it to its owner. | <$1500: misdemeanor; Greater value: 1-20 years. |
| Theft by Shoplifting | Occurs when a person alone or with another intentionally takes merchandise for his or her own use without paying for it and — conceals or takes possession of merchandise of any store — alters the price of any merchandise in any store — transfers the merchandise of a store from one container to another — interchanges a label or price tag form one item of merchandise to another — wrongfully causes amount paid for merchandise to be less htan the merchant’s stated price. |
Misdemeanor; >$500 or 4th offense: 1-10 years. |
| Forgery | 1st Degree – With intent to defraud he knowingly makes, alters, or possesses any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority and utters or delivers such writing.
2nd Degree – Same as 1st degree, except not required to “utter or deliver such writing.” 3rd Degree – With intent to defraud he knowingly: (1) Makes, alters, possesses, utters, or delivers any check written in the amount of $1500 or more in a fictitious name or in such manner that the check as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority; or (2) Possesses 10 or more checks written without a specified amount in a fictitious name or in such manner that the checks as made or altered purport to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority. 4th Degree – Same as 3rd degree, except (1) amount less than $1500; or (2) possess less than 10 checks. |
1st Degree: 1-15 years; 2nd Degree: 1-5 years; 3rd Degree: 1-5 years; 4th Degree: misdemeanor; however upon 3rd or subsequent, then 1-5 years. |
| Financial Transaction Card Fraud | With intent to defraud the issuer, one providing anything of value, or any other person, he (1) uses, for the purpose of obtaining anything of value, a financial transaction card (FTC), which was received with knowledge that it was obtained or retained in violation of FTCT or Forgery of a FTC (16-9-32), or is forged, altered, expired, revoked, or was obtained as a result of a fraudulent application, (2) obtains anything of value by representing without consent of cardholder that he is the holder, (3) obtains control over a FTC as security for debt, (4) deposits false document into any account by means of an ATM, or (5) receives anything of value as a result of (4). | 1-3 years |
| Financial Transaction Card Theft | (1) Takes, obtains, or withholds financial transaction card (FTC) from the person, possession, custody, or control of another without cardholder’s consent; or who, with knowledge that it has been so taken, obtained, or withheld, receives the FTC with intent to use, sell, or transfer it to another, (2) receives FTC that he knows to have been lost, mislaid, or delivered under a mistake and retains possession with intent to use, sell, or transfer it to another, (3) he, not the issuer, sells or buys a FTC from a person other than the issuer, or (4) during any 12M period receives 2 or more FTCs in the names of persons which he has reason to know were taken or retained under that stated in (3). | 1-3 years |
| Deposit Account Fraud | Occurs when a person writes a check knowing there are insufficient funds in the account. | Misdemeanor; >$1500: 1-3 years |
| Vehicular Homicide | First Degree: Occurs when a person, without malice aforethought, causes a death by committing certain traffic offenses, including hit-and-run, driving under the influence, reckless driving, or while fleeing a police car.
Second Degree: An unintended death resulting from a traffic offense orther than those described in first degree offense. |
3-15 years
As misdemeanor.* |
| DUI | Driving under the influence of drugs, alcohol, certain inhalants, or any combination of two or more of these substances. | Midemeanor; 4th: 1-5 years; Serious injury: 1-15 years |
| Reckless Driving | Driving in reckless disregard for the safety of persons or property | Misdemeanor; serious injury: 1-15 years |
| Carrying a Concealed Weapon | Carrying a handgun in a concealed manner without a permit (except in one’s home, business, or glove compartment or console of a car) or carrying a handgun with a permit in certain public place. (This law does not apply to police.) Even when there is a permit, a weapon may only be concealed in certain ways. | Misdemeanor; 2nd: 2-5 years |
| Possession of Firearm by a Convicted Felony | Receives, possesses, or transports any firearm while on probation as a felony 1st offender or who has been convicted of a felony, or attempts to purchase or obtain transfer of a firearm while on probation as a forcible felony 1st offender or who has been convicted of a forcible felony. | 1-5 years |
| Possession of Firearm During Commission of a Felony | Any person who shall have on or within arm’s reach of his person a firearm or a knife having a blade of 3 or more inches in length during the commission of, or the attempt to commit (1) any crime against another, (2-3) the unlawful entry into or theft from a building or vehicle, or (4-5) any crime involving drugs; and which crime is a felony. | 5 years consecutively;
2nd or subsequent: 10 years consecutive; Previously convicted of murder, armed robbery, kidnapping, rape, agg. child molestation, agg. sodomy, agg. sexual battery, or any felony involving use or poss. of firearm: 15 years consecutive; if 2nd or subsequent, then life imprisonment |
| Terroristic Threat | Threatening to commit violent crime or to burn or damage property with intent to terrorize another or to cause evacuation of a building | Threat: 1-5 years; Act: 1-10 years; Act that caused serious physical injury: 5-40 years; With intent to retaliate against any person for attending a judicial proceeding or providing information to law enforcement: 5-10 years for threat or 5-20 years for act. |
| Discharging Firearm | Discharging a firearm on or within 50 yards of a public highway or street or on someone else’s property without permission or legal justification. | misdemeanor |
| Possession of Drugs | Unlawful for any person to purchase, possess, or have under his control any controlled substance. | Schedule I or II (narcotic drug), and < 1 gram (or milliliter), then 1-3 years; 1 to 4g, then 1-8 years; 4 to 28g, then 1-15 years.
Schedule II (non-narcotic), and < 2 grams, then 1-3 years; 2 to 4g, then 1-8 years; 4-28g, then 1-15 years. Counterfeit substance, then 1-2 years. If 3rd or subsequent then term not to exceed twice the length of the sentence. Schedule III, IV, or V: 1-3 years; if 3rd or subsequent: 1-5 years. Marijuana > ounce: 1-10 years. Marijuana < ounce: misdemeanor. |
This is a partial list.
This table lists general penalties in Georgia. It does not indicate all possible fines and forfeitures.