Criminal Defense
A felony conviction in Georgia carries consequences that extend far beyond prison time — it can cost you your career, your civil rights, and your future. When you are facing felony charges, you need an attorney who understands Georgia's complex sentencing framework and has the experience to mount an aggressive, strategic defense. Attorney Brent E. Sherota fights for clients facing felony charges across Metropolitan Atlanta.
Unlike many states that use a lettered or numbered felony tier system (Class A, Class B, etc.), Georgia does not classify felonies into uniform categories. Instead, each felony offense carries its own specific sentencing range set by the Georgia General Assembly. Under O.C.G.A. § 17-10-1, a felony is any offense punishable by death or imprisonment in a state penitentiary for one year or more. Sentences are served in state prison — not county jail — and are subject to Georgia's parole and early release framework.
| Offense Category | Typical Range | Parole Eligible? | Examples |
|---|---|---|---|
| Low-Level Felony | 1 to 5 years | Generally yes | Theft ($1,500–$4,999), simple possession (Schedule I/II) |
| Mid-Level Felony | 1 to 10 years | Generally yes | Aggravated assault (no serious injury), burglary (2nd degree) |
| Serious Felony | 5 to 20 years | Limited / restricted | Aggravated assault with serious injury, armed robbery (no firearm) |
| Violent Felony | 10 to 20 years or life | Restricted or prohibited | Rape, aggravated sodomy, armed robbery with firearm |
| Capital Felony | Life or death | Not eligible (life without parole or death) | Murder, felony murder, treason |
Split Sentencing: Under O.C.G.A. § 17-10-1, Georgia judges may impose a "split sentence" — a portion served in confinement followed by a period of probation. For example, a judge may sentence a defendant to 10 years with 3 to serve in prison and 7 on probation. Probation violations can result in the defendant being required to serve the remainder of the sentence in prison.
Georgia uses a voluntary sentencing guidelines system administered by the Georgia Council on Criminal Justice Reform. Unlike the mandatory federal sentencing guidelines, Georgia's guidelines are advisory — judges are not required to follow them but must consider them and explain departures on the record. The guidelines calculate a recommended sentence based on two primary factors: the offense severity level and the defendant's criminal history score.
The criminal history score is calculated by assigning points to prior convictions based on their severity. Higher scores result in longer recommended sentences and reduced likelihood of probation.
Why This Matters: Attorney Sherota scrutinizes every prior conviction used to calculate your criminal history score. Errors in the score — including improperly counted out-of-state convictions or convictions that should have been restricted — can significantly reduce the recommended sentence.
Georgia law designates seven violent offenses as the "Seven Deadly Sins" under O.C.G.A. § 17-10-6.1. Defendants convicted of these offenses must serve a mandatory minimum of ten years before becoming eligible for parole. A second conviction for any of these offenses requires the defendant to serve the entire sentence without the possibility of parole.
| Offense | Statute | 1st Offense Min. | 2nd Offense |
|---|---|---|---|
| Murder | § 16-5-1 | Life (mandatory) | Death or life without parole |
| Armed Robbery | § 16-8-41 | 10 years (no parole for 10 yrs) | Entire sentence, no parole |
| Kidnapping | § 16-5-40 | 10 years (no parole for 10 yrs) | Entire sentence, no parole |
| Rape | § 16-6-1 | 10 years (no parole for 10 yrs) | Entire sentence, no parole |
| Aggravated Child Molestation | § 16-6-4(d) | 25 years + lifetime probation | Life without parole |
| Aggravated Sodomy | § 16-6-2 | 10 years (no parole for 10 yrs) | Entire sentence, no parole |
| Aggravated Sexual Battery | § 16-6-22.2 | 10 years (no parole for 10 yrs) | Entire sentence, no parole |
When you are charged with a Seven Deadly Sins offense, the mandatory minimum sentencing provisions mean that even a plea agreement carries a minimum of 10 years in state prison without parole eligibility. There is no room for error. Attorney Sherota conducts a thorough independent investigation of every Seven Deadly Sins case, challenges the prosecution's evidence at every stage, and explores every available defense — including challenging the sufficiency of the evidence, the constitutionality of the search and seizure, and the reliability of witness identifications.
Georgia's recidivist statute, O.C.G.A. § 17-10-7, dramatically increases sentences for defendants with prior felony convictions. Prosecutors frequently file recidivist notices to leverage enhanced sentencing in plea negotiations. Understanding how the recidivist statute applies — and challenging its application where possible — is a critical component of felony defense strategy.
O.C.G.A. § 17-10-7(a)
A defendant with one prior felony conviction who is convicted of a subsequent felony must serve the maximum sentence prescribed for the subsequent offense. The judge has no discretion to impose a lesser sentence.
Maximum sentence — no judicial discretion
O.C.G.A. § 17-10-7(b)
A defendant with two or more prior felony convictions who is convicted of a subsequent felony must serve the maximum sentence without the possibility of parole. This is Georgia's equivalent of a 'three strikes' provision.
Maximum sentence — no parole eligibility
Defense Strategy
Attorney Sherota challenges recidivist notices by scrutinizing prior convictions for constitutional defects, verifying that prior pleas were knowing and voluntary, and identifying convictions that may be eligible for restriction or that were improperly obtained.
Prior convictions can be challenged
Georgia felons lose the right to vote while serving their sentence, including probation and parole. Rights are automatically restored upon completion of the sentence — but only if all fines, fees, and restitution have been paid in full.
Under both Georgia law (O.C.G.A. § 16-11-131) and federal law (18 U.S.C. § 922(g)(1)), a felony conviction results in a permanent prohibition on possessing, purchasing, or transporting firearms or ammunition.
Georgia licensing boards for attorneys, physicians, nurses, pharmacists, teachers, contractors, and many other professions are required to consider — and often revoke — licenses upon felony conviction.
Felony convictions — particularly for aggravated felonies or crimes involving moral turpitude — can result in mandatory deportation, permanent bars to re-entry, and denial of naturalization for non-citizens.
Conviction for certain felony sex offenses requires lifetime registration on the Georgia Sex Offender Registry, with strict residency restrictions, reporting requirements, and public disclosure of personal information.
Felony drug convictions can result in permanent ineligibility for federal student loans, public housing, and certain federal benefits. Background checks make private housing and employment significantly more difficult.
Felony defense requires a comprehensive, multi-stage strategy — from the initial arrest through arraignment, pre-trial motions, and trial. Attorney Sherota builds a defense from the ground up, conducting an independent investigation and challenging the prosecution's case at every opportunity.
Attorney Sherota conducts an independent investigation of the facts — interviewing witnesses, reviewing physical evidence, obtaining surveillance footage, and consulting expert witnesses — rather than relying solely on the prosecution's version of events.
Evidence obtained through an unlawful stop, search, or arrest is subject to suppression under the Fourth Amendment. Statements obtained in violation of Miranda rights may be excluded. Suppression of key evidence can result in dismissal or significantly weaken the prosecution's case.
Eyewitness misidentification is a leading cause of wrongful convictions. Attorney Sherota challenges the reliability of identifications made under suggestive conditions, in poor lighting, across racial lines, or after significant time delays.
Where the evidence supports it, Attorney Sherota presents alibi witnesses, surveillance footage, cell phone records, and other evidence to establish that the defendant was not present at the scene or acted in lawful self-defense.
When a full acquittal is not achievable, Attorney Sherota negotiates aggressively with prosecutors to reduce charges, secure a favorable sentencing recommendation, or avoid the most severe mandatory minimum provisions — preserving as much of the client's future as possible.
Even after a conviction, the fight is not over. Attorney Sherota presents mitigating evidence at sentencing — including mental health history, substance abuse treatment, family circumstances, and rehabilitation efforts — to advocate for the most favorable sentence within the guideline range.
The decisions made in the hours and days immediately following a felony arrest can determine the outcome of your entire case. The most important steps you can take are:
Your Constitutional Rights
You have the right to remain silent and the right to an attorney. Use both.
Clearly state: "I am invoking my right to remain silent and my right to an attorney." Then stop speaking. Law enforcement is trained to continue asking questions after an arrest — anything you say will be documented and used against you at trial.
This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →
Your freedom and your future are on the line. Contact Sherota Law today for a free, confidential consultation — the sooner you act, the stronger your defense.