What's at Stake
Your Freedom Requires an Aggressive Defense
A felony conviction in Georgia means more than prison time. It means the permanent loss of your right to possess a firearm under federal law, difficulty finding employment, ineligibility for most professional licenses, and — for non-citizens — potential deportation. The stakes could not be higher.
Attorney Sherota approaches every felony case with the same strategy: investigate independently, challenge every piece of evidence, and force the prosecution to prove its case beyond a reasonable doubt. The government has enormous resources — you need an attorney who will match that effort on your behalf.
Georgia does not use a formal felony classification system (Class A, B, C) like many other states. Instead, each felony statute specifies its own sentencing range. The table to the right provides approximate equivalents for common offenses.
Georgia Felony Sentencing Guide
| Severity | Examples | Prison Range |
|---|---|---|
| Life Felony | Murder, Rape, Armed Robbery | Life imprisonment or death |
| Class A Felony (Equiv.) | Aggravated assault with a weapon, Kidnapping | 1 – 20 years |
| Class B Felony (Equiv.) | Burglary (1st degree), Drug trafficking | 1 – 15 years |
| Class C Felony (Equiv.) | Theft > $25,000, Forgery (1st degree) | 1 – 10 years |
| Class D Felony (Equiv.) | Theft $5,000–$25,000, Burglary (2nd degree) | 1 – 5 years |
* Sentences vary by specific statute. Mandatory minimums apply to certain offenses. Consult an attorney for case-specific guidance.
Charges We Defend
Felony Charges We Handle in Georgia
Aggravated Assault & Battery
OCGA § 16-5-21Aggravated assault — assault with a deadly weapon or with intent to murder, rape, or rob — is a felony carrying 1–20 years in Georgia. Cases involving firearms carry mandatory minimums. We challenge the intent element, the identification of the weapon, and the credibility of witnesses.
Burglary
OCGA § 16-7-1First-degree burglary (entering a dwelling) carries 1–20 years; second-degree burglary (entering a non-dwelling) carries 1–5 years. We challenge the evidence of entry, the intent to commit a crime inside, and the identification of the defendant.
Robbery & Armed Robbery
OCGA § 16-8-40 / § 16-8-41Robbery carries 1–20 years; armed robbery carries 10–20 years with a mandatory 10-year minimum. These are among the most serious non-homicide felonies in Georgia. We challenge eyewitness identification, the presence of a weapon, and the use of force.
Theft by Taking (Felony)
OCGA § 16-8-2Theft of property valued over $1,500 is a felony in Georgia. Theft of $5,000–$25,000 carries 1–5 years; theft over $25,000 carries 2–10 years. We challenge the valuation of the property, the intent to permanently deprive, and the chain of custody of evidence.
Felony Drug Charges
OCGA § 16-13-30Possession of Schedule I or II drugs is a felony carrying 2–30 years depending on the substance and prior record. Drug trafficking carries mandatory minimums with no possibility of early release. See our dedicated Drug Crimes page for full details.
Aggravated DUI (Felony)
OCGA § 40-6-391A fourth or subsequent DUI conviction in Georgia is a felony carrying 1–5 years in prison. DUI causing serious injury (OCGA § 40-6-394) carries 1–15 years. These cases require the most aggressive, experienced defense available.
Forgery & Fraud (Felony)
OCGA § 16-9-1First-degree forgery (making or altering a document with intent to defraud) is a felony carrying 1–10 years. Financial fraud, identity theft, and wire fraud can be charged at both the state and federal level. We challenge the intent element and the authentication of the alleged forged documents.
Kidnapping
OCGA § 16-5-40Kidnapping carries 10–20 years in Georgia; kidnapping with bodily injury carries 25 years to life. These charges often arise in domestic situations or custody disputes. We challenge the element of asportation (movement) and the alleged lack of consent.
Beyond the Sentence
Collateral Consequences of a Felony Conviction
The sentence imposed by the court is only the beginning. A felony conviction triggers a cascade of collateral consequences that can affect every aspect of your life for decades. Understanding these consequences is one of the most important reasons to fight your charges aggressively.
Loss of the right to vote (restored upon completion of sentence)
Permanent loss of the right to possess firearms under federal law
Ineligibility for most professional licenses (law, medicine, nursing, teaching)
Deportation or inadmissibility for non-citizens
Ineligibility for federal student loans and financial aid
Permanent bar from jury service
Difficulty obtaining employment, housing, and credit
Sex offender registration requirements (for certain offenses)
Defense Strategies We Use
How We Defend Your Felony Case
Challenge the Constitutionality of the Stop or Search
The Fourth Amendment prohibits unreasonable searches and seizures. If law enforcement violated your rights, we file a motion to suppress the evidence. Without key evidence, the prosecution's case often collapses.
Challenge the Identification Evidence
Eyewitness misidentification is one of the leading causes of wrongful convictions. We scrutinize lineup procedures, photo arrays, and the conditions under which the identification was made.
Challenge the Forensic Evidence
DNA, fingerprint, and ballistic evidence are not infallible. We retain independent forensic experts to review the government's evidence and identify flaws in collection, analysis, and interpretation.
Challenge Intent and Mens Rea
Most felonies require proof of criminal intent. We examine the facts to identify arguments that the defendant lacked the required mental state for the charged offense.
Negotiate a Reduced Charge or Plea
When the evidence is strong, we negotiate aggressively with prosecutors to reduce charges to lesser offenses, minimize prison exposure, and preserve eligibility for probation and early release.
Pursue Pre-Trial Diversion
For first-time offenders charged with certain non-violent felonies, Georgia offers pre-trial diversion programs that result in dismissal upon successful completion.
Act Immediately
Facing a Felony Charge?
Every day without an attorney is a day the prosecution is building its case against you. Early intervention is critical — call Attorney Sherota immediately for a free, confidential consultation.
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All consultations are free and completely confidential. Attorney Sherota is available to discuss your case and advise you on your options.
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Frequently Asked Questions
Felony Defense in Georgia — FAQ
What is the difference between a felony and a misdemeanor in Georgia?
In Georgia, a felony is any crime punishable by more than 12 months in state prison. Misdemeanors are punishable by up to 12 months in county jail. Beyond the sentence length, felony convictions carry far more severe collateral consequences — including permanent loss of firearm rights, loss of voting rights during incarceration, and disqualification from most professional licenses.
Can a felony charge be reduced to a misdemeanor in Georgia?
Yes, in some cases. Through negotiation with prosecutors, it is sometimes possible to have a felony charge reduced to a misdemeanor — particularly for first-time offenders charged with non-violent offenses. The availability of a reduction depends on the specific charge, the strength of the evidence, and the defendant's prior record. Attorney Sherota evaluates every case for reduction opportunities.
Will I go to prison if convicted of a felony in Georgia?
Not necessarily. While felonies carry prison sentences, many first-time non-violent felony convictions result in probation rather than active prison time. Factors that affect sentencing include the nature of the offense, the defendant's prior record, the strength of mitigating circumstances, and the skill of the defense attorney in presenting the case at sentencing.
Can a felony conviction be expunged in Georgia?
Georgia law does not allow expungement of felony convictions in most cases. However, Georgia does allow record restriction for certain charges that were dismissed or resulted in a not-guilty verdict. If you were convicted under the First Offender Act, your record may be restricted after completing your sentence. Attorney Sherota can evaluate your specific situation and advise on available options.
How soon should I hire a felony defense attorney?
Immediately. The period between arrest and arraignment is critical — evidence can be lost, witnesses' memories fade, and the prosecution begins building its case from day one. Early retention allows Attorney Sherota to conduct an independent investigation, preserve evidence, and potentially intervene before formal charges are even filed.
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Your first consultation is completely free and confidential. Attorney Brent Sherota personally reviews every inquiry and typically responds within one business day.
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