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.