How Criminal Sentencing Works in Georgia?
Criminal sentencing in Georgia follows a structured legal process designed to uphold justice while taking into account the unique circumstances of each case. The sentencing phase is one of the most important stages of a criminal case, as it determines the penalties a person will face if found guilty. Georgia law provides guidelines and judicial discretion to balance fairness with the goal of deterring unlawful behavior. How does all of this work?
How Do Judges Determine Sentences, and What Is the Timing Like?
The timing for this reflects the category of the charge:
- For certain misdemeanor charges, you could be sentenced on the same day as the conviction.
- With a felony conviction, sentencing generally takes place on a separate court date. You might need to wait in jail until that date; your legal representative should provide some support while you are waiting.
A pre-sentence investigation may be ordered beforehand to assist the judge. When the judge sentences you, the decision will be based on Georgia General Assembly federal sentencing laws and guidelines.
What Are the Sentencing Guidelines for Felonies and Misdemeanors in Georgia?
These sentences fall into four main categories:
- Felonies: Examples include armed robbery, kidnapping, aggravated child molestation, aggravated sodomy, rape, and aggravated sexual battery. These offenses result in 10 years without the possibility of parole.
- Sentencing: More than one year in prison and potential fines of more than $1,000.
- Misdemeanor: Examples include domestic violence, some DUI offenses, shoplifting, reckless conduct, and vandalism.
- Sentencing: Less than one year in prison and fines not exceeding $1,000.
- Misdemeanor of a High and Aggravated Nature: These crimes are generally more violent in terms of financial or physical damage. This category also includes repeated misdemeanors.
- Sentencing: Less than one year in prison and fines not exceeding $5,000.
- Serious Violent Felonies: Examples of this include kidnapping, armed robbery, rape, or aggravated sexual battery committed against a minor under age 14.
- Sentencing: Up to 25 years in prison.
What Is a Suspended Sentence?
A judge can give you a suspended sentence if they feel you are a good candidate for probation. When that happens, the prison term gets placed on hold until probation is complete. Be aware that violating your probation terms can result in you having to complete a full prison term.
To determine if you are a good candidate for a suspended sentence, judges look at criminal history, employment history, community ties, and any history of alcohol and drug abuse. Not all crimes are eligible for suspended sentences, however.
Can My Sentence Be Reduced?
In some situations, it may be possible to reduce or modify a sentence. Defendants can appeal a conviction or sentence if they believe errors occurred during the trial or sentencing phase. Successful appeals may result in a new trial or adjustments to the penalty imposed.
Plea agreements are common in the Georgia criminal justice system and can significantly impact sentencing outcomes. In a plea agreement, the defendant agrees to plead guilty to specific charges, often in exchange for reduced charges or a lighter sentence. These agreements can expedite the resolution of a case and reduce the uncertainty of a trial.
Skilled Savannah Criminal Defense Lawyers at Kicklighter Law Can Work Toward the Best Possible Outcome for Your Case
If you are facing criminal charges, it is vital to have knowledgeable legal representation. Our Savannah criminal defense lawyers at Kicklighter Law are prepared to help you understand your rights and guide you through the legal process with skill and professionalism. With a focus on thorough case preparation and advocacy, our team is committed to protecting client interests. To schedule an initial consultation, contact us online or call our Springfield, Georgia, office at 912-754-6003. We serve clients in Effingham County, Savannah, and the surrounding areas.