Felony Defense Attorney Augusta, GA

There is a misdemeanor assault charge in Georgia (simple assault), but aggravated assault is always a felony. Assault is aggravated when the assault happens:

• With intent to murder, to rape, or to rob;
• With a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury;
• With any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in strangulation; or
• A person or persons without legal justification by discharging a firearm from within a motor vehicle toward a person or persons.

Sentencing range: In most cases, the possible penalty for aggravated assault is one to 20 years in prison. However, the minimum sentence may be higher in certain circumstances, such as when the victim is a public safety officer engaged in official duties.

GA Code § 16-5-21

Robbery is a theft crime that involves taking property from another person or their immediate presence with the intent to commit theft. The taking may be through the use of force, intimidation, or threat by placing the person in fear of immediate serious injury to themself or someone else, or by sudden snatching.

Sentencing range: Robbery carries a possible sentence of one to 20 years in prison. The minimum sentence is higher if the victim is 65 years of age or older.

GA Code § 16-8-40

Armed robbery is a robbery as described above that is committed by use of an offensive weapon, or any replica, article, or device having the appearance of such weapon.

Sentencing range: Armed robbery carries a possible sentence of 10-20 years in prison, or under certain circumstances life in prison.

GA Code § 16-8-41

Burglary is always a felony in Georgia, but the possible sentence depends on the degree. Burglary in the first degree occurs when someone without authority enters or remains in the dwelling house of another or any structure designed for use as a dwelling with the intent to commit a felony therein.

Burglary in the second degree also involves entering or remaining in a building or structure without authority and with the intent to commit a felony therein, but the structure need not be a dwelling.

Sentencing range: The minimum sentence for each is one year. However, the maximum sentence for burglary in the second degree is five years, while someone convicted of burglary in the first degree may be sentenced to up to 20 years in prison.

GA Code § 16-7-1

A person commits the offense of home invasion in the first degree when:

• They enter the dwelling house of another without authority to do so, and
• The house is occupied by someone who has a right to be there, and
• The person making unauthorized entry has the intent to commit a forcible felony in the dwelling, and
• The person making unauthorized entry with intent to commit a forcible felony is armed with a deadly weapon or instrument without authority and with intent to commit a forcible felony therein and while in possession of a deadly weapon or instrument

Sentencing range: The possible sentence for home invasion in the first degree is 10-20 years in prison, or in some circumstances life in prison.

GA Code § 16-7-5

The full name of this crime is “entering automobile or other vehicle with intent to commit theft or felony,” which sums up the elements of the crime.

Sentencing range: The possible sentence for this crime is one to five years in prison. However, the judge has discretion to sentence as a misdemeanor.

GA Code § 16-8-18

A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.

Sentencing range: The sentencing range for most kidnapping convictions is 10-20 years. The sentence may be life in prison if the victim was under the age of 14, if the kidnapping was done for ransom, or if the person kidnapped received a bodily injury.

GA Code § 16-5-40

A person commits the offense of false imprisonment when, in violation of the personal liberty of another, he arrests, confines, or detains such person without legal authority.

Sentencing range: The possible sentence for false imprisonment is up to 10 years in prison.

GA Code § 16-5-41

Cruelty to children may be a misdemeanor or felony, depending on the degree.

Cruelty to children in the first degree is a felony, and occurs when a person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain, or when a parent, guardian or other person charged with the child’s welfare jeopardizes their health or well-being by withholding necessary sustenance.

Cruelty to children in the second degree is also a felony, and occurs when a person causes a child under the age of 18 excessive physical or mental pain through criminal negligence.

Sentencing range: Cruelty to children in the first degree carries a possible prison sentence of 5-20 years. Cruelty to children in the second degree may result in a sentence of one to 10 years in prison.

GA Code § 16-5-70

This crime occurs when a guardian or other person charged with the welfare of an elderly or disabled adult or resident of a facility willfully deprives that person of necessities such as health care, shelter, or sustenance to the point that the health or well-being of that person is at risk.

Sentencing range: The possible sentence for this crime, which you may hear short-handed as “elder abuse,” is one to 20 years in prison.

GA Code § 16-5-101

Stalking is classified as a misdemeanor, but a second or subsequent conviction is charged as a felony. A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

Sentencing range: The possible penalty for felony stalking is one to 10 years in prison.

GA Code § 16-5-90

A person commits the offense of aggravated stalking when such person, in violation of a bond to keep the peace posted pursuant to Code Section 17-6-110, temporary restraining order, temporary protective order, permanent restraining order, permanent protective order, preliminary injunction, good behavior bond, or permanent injunction or condition of pretrial release, condition of probation, or condition of parole in effect prohibiting the behavior described in this subsection, follows, places under surveillance, or contacts another person at or about a place or places without the consent of the other person for the purpose of harassing and intimidating the other person.

Sentencing range: The possible penalty for aggravated stalking is one to 10 years in prison.

GA Code § 16-5-91

Felony obstruction occurs when a person knowingly and willfully resists, obstructs, or opposes any law enforcement officer, in the lawful discharge of his or her official duties by offering or doing violence to the person of such officer or legally authorized person.

Sentencing range: The possible sentence for felony obstruction is one to five years in prison.

GA Code § 16-10-24

This statute broadly outlaws a wide range of gang-related activity, including (among other provisions) prohibitions on:

• Anyone employed by or associated with a criminal street gang conducting or participating in criminal gang activity by committing certain offenses
• Committing certain offenses with the intent to gain membership to or maintain or increase status or position with a criminal street gang

Sentencing range: All crimes under this section are felonies, even where the underlying act would be a misdemeanor were it not gang-associated. The sentencing ranges vary by offense, up to a possible 20 years in prison.

GA Code § 16-15-4