Criminal Defense in Georgia
Criminal defense covers how charges are classified and how a case moves through the courts. In Georgia, misdemeanors carry up to 12 months and felonies more than a year; Superior Court has exclusive jurisdiction over felony trials. This hub explains the process and your rights, then links guides to common charges — DUI, drugs, assault, and theft.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. If you’re charged with a crime, talk to a Georgia criminal-defense attorney about your case.
Georgia’s criminal laws are mostly in Title 16 of the O.C.G.A., and cases move through a tiered court system.
Misdemeanor vs. felony
- A misdemeanor is punishable by up to 12 months and a fine generally up to $1,000 (a “misdemeanor of a high and aggravated nature” allows a higher fine) (O.C.G.A. § 17-10-3) — confirm current amounts.
- A felony is punishable by more than 12 months, typically in state prison.
The courts
- Magistrate Court handles arrest and search warrants, first appearances, and some preliminary matters.
- State Court handles misdemeanors (including most traffic and DUI) and civil cases.
- Superior Court has exclusive jurisdiction over felony trials. Felonies generally proceed by grand jury indictment unless waived.
Your rights run throughout
At every stage you have the right to a lawyer (appointed if you can’t afford one), the right to remain silent, and the presumption of innocence — the State must prove guilt beyond a reasonable doubt.
The guides
For specific charges, see DUI, drug charges, assault & battery, and theft. To get matched with a local Georgia attorney, connect with a lawyer.
Guides
- Georgia Assault & Battery Charges
Georgia separates assault (threatening/attempting violence) from battery (actual physical contact). Simple assault (O.C.G.A. § 16-5-20) and simple battery (§ 16-5-23) are misdemeanors; aggravated assault (§ 16-5-21) is a felony involving a deadly weapon, strangulation, or intent to rob/rape/murder. Family violence battery (§ 16-5-23.1(f)) carries enhanced consequences, including a felony on a second offense.
- The Georgia Criminal Case Process
A Georgia criminal case generally moves from arrest and first appearance, to bond, through the tiered courts: Magistrate Court for warrants and preliminary matters, State Court for misdemeanors, and Superior Court for felony trials. Felonies usually require a grand jury indictment. Misdemeanors carry up to 12 months; felonies carry more than a year (O.C.G.A. § 17-10-3).
- Georgia Drug Charges
Georgia's Controlled Substances Act (O.C.G.A. § 16-13-30) grades drug offenses by the substance's schedule and what you did with it — possession vs. possession with intent vs. trafficking. Marijuana possession of one ounce or less is a misdemeanor; more is a felony. Trafficking (§ 16-13-31) carries weight-based mandatory minimums — confirm current weights and penalties.
- Georgia DUI Charges
Georgia DUI law (O.C.G.A. § 40-6-391) makes it illegal to drive while impaired or with a BAC of 0.08% or more — 0.04% for commercial drivers and 0.02% for drivers under 21. Implied consent means refusing a state test can suspend your license, though a breath-test refusal can't be used against you at trial (Elliott v. State, 2019). A 4th DUI within 10 years is a felony — confirm current penalties.
- Georgia Theft Charges
Georgia's theft offenses include theft by taking (O.C.G.A. § 16-8-2), theft by deception, conversion, and others, all graded by the value of what was taken (O.C.G.A. § 16-8-12). Theft of $1,500 or less is generally a misdemeanor; above $1,500 it's a felony, with the range rising as the value increases. Confirm the current dollar tiers against the statute.
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