The criminal laws of Georgia are harsh on people who repeat crimes and deem them“recidivists.” The recidivist statute’s goal is to punish recidivists more harshly and, ultimately, deter them from committing future crimes. However, data demonstrates that Georgia’s recidivism rate is at 30% despite harsh punishments for recidivism. The high recidivism rate means that the statute impacts many people in Georgia. Keep reading to learn more about recidivism in Georgia.
What is Georgia’s Recidivist Statute?
Under O.C.G.A. § 17-10-7, any person previously convicted of a felony offense who later commits an additional felony offense can be punished for the maximum amount of time allowed for the original felony offense. Further, any person under Georgia law who commits a serious violent felony and later commits an additional serious violent felony will be sentenced to life without the possibility of parole. Serious violent felonies include murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, and aggravated sexual battery.
Case Law
The Court can invoke the recidivist statute, even if you were accidentally sentenced to a misdemeanor. In State v. Temple, the Georgia Court of Appeals found that the prior offense of possession of tools for the commission of a crime was “punishable” by imprisonment for up to five years and was, therefore, a felony conviction that invoked the recidivist statute. The statute was applied even though the Court had mistakenly sentenced the Defendant to a misdemeanor and probated confinement.
If the prior conviction was a reducible felony and, thus, was treated as a misdemeanor, then the conviction cannot be used to invoke the recidivist statute. Also, in Ingram v. State, the Georgia Court of Appeals held that a conviction under the First Offender Act cannot be used to invoke the recidivist statute.
What is the Three-Strikes Rule in Georgia?
Georgia has what is commonly known as the“three-strikes rule.” Under the rule, if a person is convicted of three felonies upon their fourth felony, they will serve the maximum sentence for the felony. For example, if a person commits three burglaries in the first degree, they will be sentenced to 25 years in prison after their fourth burglary conviction.
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Repeated offenses can result in extremely long sentences, so it is important that you have a passionate criminal defense attorney to advocate on your behalf before and during your trial. I have decades of criminal law experience representing people accused of multiple misdemeanors and felonies. I will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!
