What sentencing alternatives exist in Georgia criminal defense cases?

What sentencing alternatives exist in Georgia criminal defense cases?

Georgia’s alternatives fall into three groups: avoiding a conviction, serving a sentence outside prison, and treatment courts. Eligibility depends on the offense and the person’s record.

Option Effect Limit Source
First offender No judgment of guilt; discharge exonerates No prior felony; excludes serious violent felonies, sexual offenses, DUI, and others O.C.G.A. § 42-8-60
Conditional discharge Drug possession, dismissed after completion First such offense § 16-13-2(a)
Pretrial intervention Prosecutor's program before a plea Prosecutor's written guidelines; no offense with a mandatory minimum that can't be suspended § 15-18-80
Probation or suspended sentence All or part served in the community Judge's discretion, unless a minimum applies § 17-10-1
Split sentence Confinement, then probation Same § 17-10-1
Accountability courts Drug, mental health, veterans, and other courts Local program and eligibility §§ 15-1-15 to 15-1-17

Mandatory minimum statutes restrict all of these. A second school-zone drug conviction, for example, requires five years that can’t be suspended, § 16-13-32.4(b)(2), unless otherwise provided by law.

A person asking for one of these should know the record consequences. First offender sentencing can be revoked if probation is violated, and the judge may then enter guilt and impose a sentence, § 42-8-60(d). Immigration law may treat a first offender plea as a conviction even when Georgia doesn’t, so a noncitizen needs separate advice.

General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.

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