What is the difference between felony and misdemeanor in Georgia criminal defense?
In Georgia, a felony is a crime punishable by death, life in prison, or more than 12 months, while a misdemeanor is punished by up to 12 months and a $1,000 fine, unless the law says otherwise. O.C.G.A. § 16-1-3 has the definitions, and § 17-10-3(a) sets the general misdemeanor limit: “a fine not to exceed $1,000.00” or “a total term not to exceed 12 months, or both.”
| Misdemeanor | Felony | |
|---|---|---|
| General top end | 12 months and $1,000 | Set by each statute; § 17-10-1 sets general rules |
| Charging | Accusation, § 17-7-71 | Indictment, unless waived |
| Courts | State, magistrate for bond, probate, and municipal in limited cases | Superior court |
| Probation limit | Up to 12 months in general | Up to the sentence, with limits |
| Jury | Smaller | 12 |
| Gun rights | Generally kept, except family violence under federal law | Lost, § 16-11-131 |
| Limitation period | 2 years, § 17-3-1(e) | 4 years, § 17-3-1(c), with longer periods for some |
There’s a middle class, a “misdemeanor of a high and aggravated nature,” under § 17-10-4: up to 12 months and a fine up to $5,000. Repetition can also change the class: since July 1, 2026, § 17-10-3.2 deems a fourth or later qualifying misdemeanor within ten years a felony, with one to ten years.
Some crimes can be either. Under § 17-10-5, a judge may punish a felony with a maximum of ten years or less as a misdemeanor. Theft of $1,500.01 to $4,999.99 is one, under § 16-8-12(a)(1)(C).
Other effects include voting while under a felony sentence, professional licenses, and immigration. The label doesn’t decide immigration: some misdemeanors count as aggravated felonies under federal law.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.