Charges and sentences
Felony and misdemeanor classes in Georgia
Georgia does not sort felonies into classes or degrees. A felony is any crime that can be punished by death, life in prison or more than 12 months in prison, and each felony law sets its own sentence range. Misdemeanors come in two kinds, ordinary misdemeanors and misdemeanors of a high and aggravated nature, and both carry up to 12 months.1
Checked October 29, 2026 against Georgia's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In Georgia, a felony is a crime punishable by death, by life in prison, or by imprisonment for more than 12 months. Any other crime is a misdemeanor.1
- Felony theft starts at
- More than $1,500How theft is graded
- When a DUI is a felony
- A fourth or later DUI conviction within 10 years is a felony, with 1 to 5 years in prison and a fine of $1,000 to $5,000. A first or second conviction is a misdemeanor and a third is a misdemeanor of a high and aggravated nature.2
Misdemeanor classes in Georgia
| Class | Jail | Fine | The law |
|---|---|---|---|
| Misdemeanor | Up to 12 monthsUnless the specific law sets a different penalty. The judge can impose the fine, the jail term, or both. A judge can instead send a person to a state probation detention center for up to 12 months. Under a law signed May 12, 2026 (HB 1075, Act 717), a fourth conviction within 10 years for a misdemeanor under Chapter 5 or 6 of Title 16 is a felony, with 1 to 10 years in prison. | Up to $1,000 | O.C.G.A. § 17-10-3(a)5 |
| Misdemeanor of a high and aggravated nature | Up to 12 monthsThe judge can impose the fine, the jail term, or both. A third DUI conviction within 10 years is a misdemeanor of this kind. | Up to $5,000 | O.C.G.A. § 17-10-4(a)3 |
How Georgia grades crimes
Georgia has no general felony classes. The sentence range for each felony is written into the law for that offense, so it differs from one crime to the next.1
A law that does not set its own penalty for a misdemeanor falls under the general misdemeanor penalty (up to 12 months and a $1,000 fine). A misdemeanor of a high and aggravated nature has the same 12-month limit but a $5,000 fine limit. The definitions section treats both terms as meaning any crime other than a felony.3
Some Georgia felonies let the judge sentence the person as for a misdemeanor instead. Theft of property worth $1,500.01 up to under $25,000 is an example: the law sets prison terms but also allows a misdemeanor sentence in the judge's discretion.4
When theft is a felony in Georgia
In Georgia, theft of property worth more than $1,500 is a felony. At $1,500.01 to under $5,000 the sentence is 1 to 5 years, and from $5,000 to under $25,000 it is 1 to 10 years (in both ranges the judge may instead sentence as for a misdemeanor). At $25,000 or more it is 2 to 20 years. At $1,500 or less theft is a misdemeanor, but a third theft conviction is a felony, and so is theft of a firearm.4
O.C.G.A. § 16-8-12(a)(1), (a)(6) · Felony theft amounts in every state
DUI in Georgia
Georgia's statute covers driving or being in actual physical control of a moving vehicle while under the influence of alcohol or drugs, or with a blood alcohol concentration of 0.08 or more. It is commonly called DUI.
- Repeat offenses
- A fourth or later DUI conviction within 10 years is a felony, with 1 to 5 years in prison and a fine of $1,000 to $5,000. A first or second conviction is a misdemeanor and a third is a misdemeanor of a high and aggravated nature.
- Which past offenses count
- 10 years. It is measured from the dates of the earlier arrests (that led to convictions or no-contest pleas) to the date of the current arrest.
- Other felony versions
- Homicide by vehicle in the first degree is a felony punishable by 3 to 15 years in prison, and it applies to causing a death while violating the DUI law. Serious injury by vehicle is a felony punishable by 1 to 15 years, and it applies to causing an accident that results in bodily harm while violating the DUI law.
O.C.G.A. §§ 40-6-391(c), 40-6-393(a), 40-6-394(b)2 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in Georgia?
In Georgia, a felony is a crime punishable by death, by life in prison, or by imprisonment for more than 12 months. Any other crime is a misdemeanor.
What is a misdemeanor in Georgia?
In Georgia, the jail range for a misdemeanor is up to 12 months, and the fine is up to $1,000. Unless the specific law sets a different penalty. The judge can impose the fine, the jail term, or both. A judge can instead send a person to a state probation detention center for up to 12 months. Under a law signed May 12, 2026 (HB 1075, Act 717), a fourth conviction within 10 years for a misdemeanor under Chapter 5 or 6 of Title 16 is a felony, with 1 to 10 years in prison.
What is a misdemeanor of a high and aggravated nature in Georgia?
In Georgia, the jail range for a misdemeanor of a high and aggravated nature is up to 12 months, and the fine is up to $5,000. The judge can impose the fine, the jail term, or both. A third DUI conviction within 10 years is a misdemeanor of this kind.
How much theft is a felony in Georgia?
In Georgia, theft of property worth more than $1,500 is a felony. At $1,500.01 to under $5,000 the sentence is 1 to 5 years, and from $5,000 to under $25,000 it is 1 to 10 years (in both ranges the judge may instead sentence as for a misdemeanor). At $25,000 or more it is 2 to 20 years. At $1,500 or less theft is a misdemeanor, but a third theft conviction is a felony, and so is theft of a firearm.
Is a DUI a felony in Georgia?
A fourth or later DUI conviction within 10 years is a felony, with 1 to 5 years in prison and a fine of $1,000 to $5,000. A first or second conviction is a misdemeanor and a third is a misdemeanor of a high and aggravated nature. Homicide by vehicle in the first degree is a felony punishable by 3 to 15 years in prison, and it applies to causing a death while violating the DUI law. Serious injury by vehicle is a felony punishable by 1 to 15 years, and it applies to causing an accident that results in bodily harm while violating the DUI law.
These are the general ranges in Georgia's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in Georgia" https://secondchanceindex.com/felony-classes/georgia, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- O.C.G.A. § 16-1-3(5), (9)
- O.C.G.A. §§ 40-6-391(c), 40-6-393(a), 40-6-394(b)
- O.C.G.A. §§ 16-1-3(9), 17-10-3, 17-10-4
- O.C.G.A. § 16-8-12(a)(1)
- Georgia Code Title 17. Criminal Procedure § 17-10-3FindLaw (Georgia Code)
- Georgia Code Title 40. Motor Vehicles and Traffic § 40-6-393FindLaw (Georgia Code)
- Georgia Code Title 40. Motor Vehicles and Traffic § 40-6-394FindLaw (Georgia Code)
- HB 1075 (as passed House and Senate), 2025-2026 Regular Session (Act 717)Georgia General Assembly
- Legislation Search (2023-2024 and 2025-2026 Regular Sessions, 2026 Special Session)Georgia General Assembly