Facing a felony charge in Georgia can be one of the most stressful and life-altering experiences a person can endure. Understanding what is a serious felony, how it differs from other offenses, and what penalties it carries is essential if you're trying to protect your future.
Disclaimer: this blog post does not constitute legal advice and does not create a lawyer/client relationship between the law firm and the reader.
Felony offenses are any crimes that carry a potential prison sentence of at least one year in state prison. Misdemeanors, on the other hand, are punishable by no more than twelve months in custody (typically served in a county jail as opposed to state prison).
At the law firm of Garland, Samuel & Loeb, our experienced criminal defense lawyers represent individuals charged with some of the most complex and serious felony charges in Georgia. This guide offers a clear overview of what constitutes a serious or violent felony, what sentencing you might face, and how the right defense can make a life-changing difference.
What Are Considered Serious Felonies?
Under Georgia law, “serious violent felonies” are defined by O.C.G.A. § 17-10-6.1 as the following criminal offenses:
- Murder or felony murder, as defined in Code Section 16-5-1;
- Armed robbery, as defined in Code Section 16-8-41;
- Kidnapping, as defined in Code Section 16-5-40;
- Rape, as defined in Code Section 16-6-1;
- Aggravated child molestation, as defined in subsection (c) of Code Section 16-6-4
- Aggravated sodomy, as defined in Code Section 16-6-2; and
- Aggravated sexual battery, as defined in Code Section 16-6-22.2.
As you can see, these crimes involve significant harm, great bodily injury, violence, or public safety threats. These offenses are punishable by extended prison terms and often include mandatory minimums.
Murder
Under Georgia law, murder includes:
Malice murder (intentional and unlawful killing) and Felony murder (a death caused during the commission of another felony).
A murder conviction (whether malice murder or felony murder) is punishable by a mandatory minimum life sentence (with or without the possibility of parole) and is death penalty eligible. The mandatory minimum sentence must be served in state prison and, if the sentence is life with the possibility of parole, then the earliest a person can be considered for parole is 30 years.
Attempted murder is a serious felony offense. In Georgia, attempted murder is punishable by a prison sentence between one and 30 years.
Voluntary manslaughter is a criminal offense that is defined as the killing of another human being, which would normally be murder, except that the killer acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person. Voluntary manslaughter is punishable by a maximum sentence of 20 years in state prison.
Some states have degrees of murder but Georgia really does not. Georgia does have a crime called “second degree murder” but that crimes relates to an act that occurs in connection with the crime of cruelty to children in the second degree. What is considered “malice murder” in Georgia is often called “first degree murder” in other states and is death penalty eligible.
You can read more about our law firm’s defense of murder charges here.
Armed Robbery
Armed Robbery is taking the property of another from their person or immediate presence by use of an offensive weapon (or with an item that has the appearance of an offensive weapon). Armed robbery has a mandatory minimum sentence of 10 years in custody. This mandatory minimum sentence cannot be paroled or probated or suspended.
Kidnapping
A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will. Kidnapping carries a mandatory minimum sentence of at least 10 years in custody. However, if the victim is less than 14 years old then the mandatory minimum sentence increases to 25 years.
Rape and Sexual Assault Crimes
Rape, Aggravated Sodomy and Aggravated Child Molestation are violent sex crimes that punishable by 25 years to life, and Georgia imposes mandatory sex offender registration. These sexual assault offenses are not death penalty eligible but have draconian sentences that are life altering.
Average Sentences for Serious Felony Charges
Georgia law mandates harsh penalties for serious felony convictions, often with mandatory minimums, meaning a judge cannot reduce the sentence below the lowest sentence—even for first-time offenders. There are some limited exceptions where lower sentences can be negotiated as part of a plea bargain.
These harsh penalties are why it’s so important to understand what is considered a serious felony—and to fight back with an experienced legal defense team. The criminal defense attorneys at Garland, Samuel & Loeb have decades of experience successfully representing individuals charged with serious violent felonies.
What is a Violent Felony vs. a Serious Felony?
The terms are often used interchangeably, but they are not the same.
Violent felonies involve great bodily injury or threats (e.g., assault, rape, armed robbery).
Serious felony charges can include violent crimes, but also non-violent crimes like high-level drug trafficking or financial fraud involving large sums or vulnerable victims.
Understanding what is considered a violent felony is essential because a felony conviction for these crimes can trigger enhanced sentencing, loss of parole eligibility, or three-strikes sentencing under Georgia and federal law.
How an Experienced Criminal Defense Attorney Can Help You
If you're charged with a serious felony charge, a skilled criminal defense attorney may be the only thing standing between you and a decades-long sentence in state prison. At Garland, Samuel & Loeb, we aggressively challenge the prosecution’s case by:
- Filing motions to dismiss the indictment due to legal defects in the charging document;
- Filing pretrial motions to suppress unlawfully obtained evidence;
- Contesting witness credibility and forensic reports;
- Identifying procedural errors and constitutional violations; and
- When appropriate, negotiating plea bargains to reduce serious felonies to lesser offenses (like misdemeanors).
We are known for defending high-stakes criminal cases with discretion, strategy, and a relentless drive to win. Read more about our successes here. And read what former clients have said about our attorneys and firm:
“If you want an excellent legal outcome you need an excellent legal team. Whether you need to prove innocence, avoid over prosecution or reach an equitable agreement Amanda Clark-Palmer and Kristen Novay is the team you want. It was amazing to watch these professionals during a week long jury trial. When your freedom is at stake you will see the difference between the best the legal profession has to offer versus the agents of the government. Don't be bullied by a prosecutor when you are innocent. Amanda & Kristen will deliver the only acceptable verdict - not guilty on all charges.”
“I was accused of a criminal act in Federal Court. I contacted Mr. Don Samuel and Amanda Clark-Palmer. They met with me and reviewed my case. They then investigated the charges and kept me abreast of court proceedings as the case was postponed some 6 times. Their defense was very organized. 18 months later they defended me in Federal Court and prevailed. They were superb at cross-examination, defense strategy and their opening and closing arguments were excellent and well-presented. Throughout the investigation and the trial they kept me informed, allowed me to give input into witness selection, expert selection, and exhibits provided at trial. They prevailed and I was unanimously found not guilty of all charges and fully exonerated. I recommend them highly for criminal cases and found them fully professional and approachable. If you are alleged to have committed any crime contact them for excellence in defense of your case.”
“Attorney Don Samuel and John Garland are my saviors. Not only are they knowledgeable, but they also supported me the way a friend would during my darkest hour, and always helped me analyze the situation and determine the best path to take. My case had a very happy ending after fighting it for four years and it is all thanks to their efforts. I highly recommend them!!”
“I can't say enough great things about the way GSL, and Joel McDurmon in particular, handled our case. The circumstances were not easy, but Joel always remained positive, and put so much time and energy into digging deep into all facets of the case, looking at all points of view. In the end, he achieved the best possible outcome we could have realistically hoped for, and better than what we went into it expecting. He seemed genuinely concerned about what our family had been through, and what we were potentially facing. He was always available to answer our questions, and did so with patience and respect. He always picked up the phone, and let us know we could call or text at any time, which was so comforting at a time when we had to put so much trust and faith about ones future in the hands of another!”
Long Term Consequences of a Serious Felony Conviction
When people search for “what is a serious felony,” they’re often only thinking about jail time—but the impact goes much further.
Convictions may also result in:
- Loss of firearm rights
- Loss of voting rights (until completion of sentence)
- Felony record that bars employment, housing, and loans
- Immigration consequences including removal or deportation
- Lifetime sex offender registration (in sex-related cases)
These collateral consequences are why it's so important to hire an experienced criminal defense attorney early and fight the charges at every stage.
Contact Our Atlanta Felony Defense Attorneys Today
If you or a loved one is facing a serious or violent felony charge in Georgia, now is the time to act. The earlier you retain legal counsel, the better your chances of building a strong defense and avoiding life-altering penalties.
Call Garland, Samuel & Loeb today at (404) 365-504
Request a consultation here
Visit our website at www.gsllaw.com
Conclusion
Understanding what a serious felony is means recognizing the gravity of these charges—and the importance of having the right defense strategy. From serious felonies like murder and drug trafficking these offenses carry extreme consequences. But with the right legal team, like the experienced criminal defense attorneys at Garland, Samuel, & Loeb, a path forward is possible.
Check out our website for more guides, FAQs, and information about defending felony charges in Georgia.
Disclaimer
This post does not constitute legal advice or establish a lawyer/client relationship between the law firm and the reader.
