Georgia Criminal Code, Explained

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Administrative License Suspension (ALS) – O.C.G.A. § 40-5-67.1

After a DUI arrest, an officer may start a process to suspend a driver’s license through the Georgia Department of Driver Services. This can happen if a breath or blood test shows an alcohol level at or over the legal limit, or if the officer says the driver refused testing. The ALS runs separately from the criminal DUI case, and depending on the circumstances, a driver may have only 30 days to respond.

Affray – O.C.G.A. § 16-11-32

An affray is a fight between two or more people in a public place that disturbs the peace. Unlike assault or battery, it does not matter who started the fight, so everyone involved can be charged. It is a misdemeanor and often comes up after fights at parties, games, or other public events.

Aggravated Assault – O.C.G.A. § 16-5-21

This charge applies when an assault is alleged to involve a deadly weapon, an object likely to cause serious injury, strangulation, or an intent to murder, rape, or rob. No one has to actually be hurt for the charge to be filed. It is a felony, and the possible sentence can go up depending on who the alleged victim is and where the incident happened.

Aggravated Battery – O.C.G.A. § 16-5-24

Aggravated battery is charged when someone is accused of maliciously causing serious harm to another person, such as causing them to lose the use of a body part or leaving them seriously disfigured. The level of injury is what separates it from simple battery or battery. It is a felony in Georgia.

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Burglary – O.C.G.A. § 16-7-1

Burglary means entering or staying inside a building without permission, with the intent to commit a theft or a felony inside. Georgia splits it into first degree for homes and other dwellings, and second degree for other buildings like stores or offices. Both are felonies, and nothing has to actually be taken for the charge to apply.

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Carrying a Weapon at School – O.C.G.A. § 16-11-127.1

Georgia law makes it a crime to carry or possess a weapon in a school safety zone, which includes school buildings, school grounds, school buses, and school events. The law covers more than guns and can include certain knives, clubs, and other objects. Depending on the item, this can be a felony, and it can also lead to separate school discipline like suspension or expulsion.

Cocaine Possession – O.C.G.A. § 16-13-30(a)

Cocaine is a Schedule II drug, and possessing any amount of it is a felony in Georgia. The possible sentence depends on the weight involved, with separate ranges for less than one gram, one to four grams, and four to 28 grams. Once the amount reaches 28 grams or more, the charge becomes trafficking instead of possession.

Cocaine Trafficking – O.C.G.A. § 16-13-31(a)

Trafficking in cocaine is charged when someone is accused of selling, delivering, bringing into Georgia, or possessing 28 grams or more of cocaine. The state does not have to prove the person planned to sell it, because the weight alone can support the charge. Trafficking carries mandatory minimum sentences that increase with the amount, though Georgia law lets judges go below the minimum in certain limited situations.

Credit Card Theft and Fraud – O.C.G.A. §§ 16-9-31 and 16-9-33

Georgia calls these “financial transaction card” crimes, and they cover credit cards, debit cards, and similar cards. Card theft includes taking someone’s card without permission or keeping a lost card with plans to use it, while card fraud covers using a card or card number to buy things without the owner’s permission. These charges are often filed as felonies.

Criminal Damage to Property in the First Degree – O.C.G.A. § 16-7-22

This charge applies when someone is accused of knowingly damaging or interfering with property in a way that puts another person’s life in danger. It also covers using force to interfere with public services like power, water, gas, or public transportation. It is a felony and is more serious than second-degree criminal damage to property.

Criminal Damage to Property in the Second Degree – O.C.G.A. § 16-7-23

Second-degree criminal damage to property is charged when someone is accused of intentionally damaging another person’s property without permission and the damage is more than $500. It can also apply when fire or explosives are used recklessly to damage property. It is a felony, which is why the dollar amount of the damage matters so much.

Criminal Trespass – O.C.G.A. § 16-7-21

Criminal trespass covers two main situations: damaging someone’s property when the damage is $500 or less, or entering or staying on property after being told not to. It can also apply when someone enters property for an unlawful purpose. It is a misdemeanor and often comes up with young people at empty buildings, closed areas, or places they have been banned from.

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Disorderly Conduct – O.C.G.A. § 16-11-39

Disorderly conduct includes acting in a violent or out-of-control way that makes someone reasonably afraid for their safety or property, or using “fighting words” toward someone in their presence. It is a misdemeanor and is often charged along with other offenses after arguments or fights in public. Because the law is broad, the exact words and actions involved matter a great deal.

Driving Without a License – O.C.G.A. § 40-5-20

Georgia requires anyone driving on public roads to have a valid driver’s license for the type of vehicle they are driving. Driving without ever getting a license, or with a license that has expired, can lead to this misdemeanor charge. It is different from driving on a suspended license under O.C.G.A. § 40-5-121, which is treated more seriously.

Drug Paraphernalia – O.C.G.A. § 16-13-32.2

Georgia law makes it a crime to possess or use objects meant for using drugs, like pipes, bongs, or scales, when they are intended for drug use. Whether an item counts often depends on how it was found and what else was with it. It is a misdemeanor, but it is often charged alongside drug possession.

Drug Trafficking – O.C.G.A. § 16-13-31

In Georgia, drug trafficking is based mainly on weight, not on proof that someone was selling. Possessing more than a set amount, such as 28 grams of cocaine or methamphetamine, four grams of heroin or fentanyl, or more than 10 pounds of marijuana, can lead to a trafficking charge. Trafficking is a felony with mandatory minimum sentences, which makes it one of the most serious drug charges in Georgia.

DUI – O.C.G.A. § 40-6-391

Georgia’s DUI law makes it illegal to drive under the influence of alcohol or drugs to the point of being a “less safe” driver, or with a blood alcohol concentration of 0.08 or more for drivers 21 and older. A DUI charge can be based on an officer’s observations even without a breath or blood test. A first DUI is a misdemeanor, but it can bring fines plus surcharges, probation, community service, and license consequences.

DUI Nolo Contendere Plea – O.C.G.A. § 40-6-391.1

A nolo contendere, or “no contest,” plea means the person does not admit guilt but does not fight the charge. Georgia law sets specific conditions before a judge can accept this plea in a DUI case, and an accepted nolo plea still counts as a prior DUI if there is a future DUI case. Drivers under 21 are not allowed to enter a nolo plea to a DUI charge under O.C.G.A. § 40-6-391(k)(3).

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False Imprisonment – O.C.G.A. § 16-5-41

False imprisonment is charged when someone is accused of holding, confining, or detaining another person against their will without legal authority. Unlike kidnapping, the person does not have to be moved from one place to another. It is a felony in Georgia.

Family Violence Battery – O.C.G.A. § 16-5-23.1(f)

This charge applies when a battery, meaning causing visible or substantial physical harm, is alleged between family or household members, such as parents and children, siblings, current or former spouses, or people who live or used to live together. A first offense is usually a misdemeanor, but a second family violence battery can be charged as a felony. In some cases, a conviction can also affect the right to own a firearm under federal law.

Fentanyl Trafficking – O.C.G.A. § 16-13-31(b.1)

Georgia created a separate trafficking offense for fentanyl in 2025, and the law was updated again in 2026. The charge applies to selling, delivering, bringing into Georgia, or possessing four grams or more of fentanyl, including fentanyl in a mixture. The 2026 changes apply to offenses on or after May 5, 2026, so the date of an arrest can affect which version of the law applies.

Furnishing Alcohol to Minors – O.C.G.A. § 3-3-23(a)(1)

Georgia law makes it a crime to sell, give, or provide alcohol to anyone under 21. This charge often comes up when someone who is 21 buys drinks for younger friends or hosts a party where underage guests are drinking. It is typically charged as a misdemeanor, and buying alcohol on behalf of someone under 21 is covered separately under O.C.G.A. § 3-3-23(a)(4).

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Heroin and Opioid Trafficking – O.C.G.A. § 16-13-31(b)

Georgia’s “trafficking in illegal drugs” law covers heroin, morphine, opium, and certain other opioids listed in Schedules I and II. The charge applies to selling, delivering, bringing into the state, or possessing four grams or more of these drugs or a mixture containing them. Mandatory minimum sentences increase as the weight goes up, with higher levels at 14 grams and 28 grams.

Hit and Run – O.C.G.A. § 40-6-270

Georgia requires drivers involved in a crash that causes injury, death, or damage to another vehicle that someone was driving or attending to stop, share their information, and help anyone who is hurt. Leaving without doing those things can lead to a hit and run charge. It is a misdemeanor in many cases, but it becomes a felony when the crash causes serious injury or death, and it can also lead to license suspension.

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Identity Theft – O.C.G.A. § 16-9-121

Georgia calls this crime “identity fraud.” It applies when someone is accused of using or possessing another person’s personal information, such as a name, Social Security number, or bank details, without permission to get money, goods, or services. Identity fraud is a felony in Georgia.

Interference with Government Property – O.C.G.A. § 16-7-24

This charge applies when someone is accused of damaging, destroying, or defacing government property, such as public buildings, vehicles, or equipment. It can also apply to using force to block or interfere with the use of government property. It is a felony, which makes it more serious than similar damage to private property.

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Kidnapping – O.C.G.A. § 16-5-40

Kidnapping is charged when someone is accused of taking or holding another person against their will without legal authority and moving them in a way that is more than a small part of another crime. Georgia law looks at whether the movement did things like hide the person or make another crime easier to commit. It is a serious felony, and penalties increase if the person is under 14, is held for ransom, or is harmed.

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License Suspension for Drivers Under 21 – O.C.G.A. § 40-5-57.1

Georgia has stricter license rules for drivers under 21. A conviction for DUI, reckless driving, hit and run, racing, fleeing police, or any offense worth four or more points, like speeding 24 mph or more over the limit, leads to a suspension, and a nolo contendere plea counts as a conviction for this purpose. Drivers under 18 can also lose their license for building up four or more points in any 12-month period.

License Suspension for Drug Convictions – O.C.G.A. § 40-5-75

In Georgia, a conviction for a drug offense can lead to a driver’s license suspension, even if no car was involved. This includes marijuana and other controlled substance offenses. The length of the suspension depends on how many prior drug convictions a person has, which is why a drug charge can affect school, work, and daily life in ways many people don’t expect.

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Marijuana Possession – O.C.G.A. § 16-13-2(b)

In Georgia, possessing one ounce or less of marijuana is a misdemeanor under O.C.G.A. § 16-13-2(b). Possessing more than one ounce is a felony under O.C.G.A. § 16-13-30(j). First-time possession cases may qualify for conditional discharge under O.C.G.A. § 16-13-2(a), which can end without a conviction when all of the terms are completed.

Marijuana Trafficking – O.C.G.A. § 16-13-31(c)

Trafficking in marijuana applies to selling, growing, delivering, bringing into Georgia, or possessing more than 10 pounds of marijuana. Like other trafficking charges, the state does not need to prove a plan to sell once the weight is over the limit. It carries mandatory minimum sentences that increase at 2,000 pounds and 10,000 pounds.

Methamphetamine Trafficking – O.C.G.A. § 16-13-31(e)

This charge applies to selling, delivering, bringing into Georgia, or possessing 28 grams or more of methamphetamine or amphetamine, including mixtures. Unlike cocaine trafficking, there is no purity requirement, so the total weight of the mixture counts. Manufacturing methamphetamine is charged as trafficking under O.C.G.A. § 16-13-31(f) no matter how much is involved.

Minor in Possession of Alcohol – O.C.G.A. § 3-3-23(a)(2)

It is illegal for anyone under 21 in Georgia to buy, try to buy, or knowingly possess alcohol. Possession can include alcohol found in a car, dorm room, or backpack, not just a drink in someone’s hand. The law has limited exceptions, such as religious ceremonies or drinking at home with a parent’s or guardian’s consent.

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Possession of a Controlled Substance – O.C.G.A. § 16-13-30(a)

Georgia law makes it a crime to possess or buy a controlled substance without a valid prescription. Drugs are sorted into Schedules I through V, and for many drugs the possible sentence depends on both the schedule and the weight involved. First-time possession cases may qualify for conditional discharge under O.C.G.A. § 16-13-2(a), which can end without a conviction when all of the terms are completed.

Possession of a Firearm During a Felony – O.C.G.A. § 16-11-106

This charge can be added when someone is accused of having a firearm or certain knives on them or within arm’s reach while committing or attempting certain felonies, such as burglary, theft, drug offenses, or crimes against a person. The weapon does not have to be used or even shown. It is its own felony, and any sentence for it must be served in addition to, not at the same time as, the sentence for the other crime.

Possession with Intent to Distribute – O.C.G.A. § 16-13-30(b)

Possession with intent to distribute means having a controlled substance with plans to sell, deliver, or share it. Prosecutors often point to things like baggies, scales, large amounts of cash, or text messages to argue intent, so there is no fixed amount of drugs required. It is a felony, and a similar charge for marijuana falls under O.C.G.A. § 16-13-30(j).

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Reckless Driving – O.C.G.A. § 40-6-390

Reckless driving is driving with reckless disregard for the safety of people or property. It can be based on things like very high speeds, weaving through traffic, or other risky driving, depending on the situation. It is a misdemeanor, but for drivers under 21, a conviction leads to a license suspension under O.C.G.A. § 40-5-57.1.

Robbery and Armed Robbery – O.C.G.A. §§ 16-8-40 and 16-8-41

Robbery is taking property from another person, or from right around them, by force, intimidation, or a sudden snatching. Armed robbery is charged when an offensive weapon, or something that looks like one, is alleged to have been used. Both are felonies, and when armed robbery involves a firearm, a case against someone 13 to 17 years old can start in superior court instead of juvenile court.

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Serious Injury by Vehicle – O.C.G.A. § 40-6-394

This charge applies when someone is accused of causing serious bodily harm to another person, such as the loss of a body part or permanent disfigurement, while driving under the influence or driving recklessly. It is a felony. The state has to show that the alleged driving actually caused the injury, which makes crash evidence especially important.

Shoplifting – O.C.G.A. § 16-8-14

Shoplifting includes more than walking out of a store with an item. It also covers hiding merchandise, switching price tags, or moving items into a different container with the intent to take them without paying full price. It is a misdemeanor when the property is worth $500 or less, but it can become a felony if the value is higher or if it is a fourth shoplifting conviction.

Simple Assault – O.C.G.A. § 16-5-20

Simple assault is either attempting to cause a violent injury to someone or doing something that makes another person reasonably afraid they are about to be hurt. No physical contact is required. It is usually a misdemeanor, though penalties can be higher when it happens in certain places, like on public transit, or against certain people.

Simple Battery – O.C.G.A. § 16-5-23

Simple battery is charged when someone is accused of intentionally making physical contact of an insulting or provoking nature with another person, or intentionally causing them physical harm. Something as small as a push or a shove can lead to this charge. It is a misdemeanor, but it can be treated more seriously in certain situations, such as family violence cases.

Speeding – O.C.G.A. § 40-6-181

Georgia’s speeding law covers driving faster than the posted maximum speed limit, and the number of points added to a driver’s record depends on how fast they were going. Drivers cited for 75 mph or more on a two-lane road, or 85 mph or more on any road, also face an extra $200 “Super Speeder” fee under O.C.G.A. § 40-6-189. A separate “too fast for conditions” charge under O.C.G.A. § 40-6-180 applies when someone drives too fast for the weather, traffic, or road, even if they are under the limit.

Stalking – O.C.G.A. § 16-5-90

Stalking is charged when someone is accused of following, watching, or contacting another person without their consent to harass and intimidate them. Contact can happen in person, by phone, by text, on social media, or through other electronic means. A first offense is a misdemeanor, but stalking that violates a protective order or bond condition can be charged as aggravated stalking, a felony, under O.C.G.A. § 16-5-91.

Street Racing – O.C.G.A. § 40-6-186

Georgia law makes it illegal to race or drag race on public roads, including speed competitions and attempts to set speed records. For drivers under 21, a racing conviction leads to a license suspension under O.C.G.A. § 40-5-57.1. Georgia also has a separate reckless stunt driving law, O.C.G.A. § 40-6-390.1, that covers things like doughnuts and burnouts on public roads.

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Terroristic Threats – O.C.G.A. § 16-11-37

Terroristic threats is charged when someone is accused of threatening to commit a violent crime to scare another person, or causing a building or place to be evacuated. The threat does not have to be carried out, and it can be made in person, in writing, or online, which is why comments on social media or at school sometimes lead to this charge. It can be a misdemeanor or a felony depending on what was threatened.

Theft by Conversion – O.C.G.A. § 16-8-4

Theft by conversion applies when someone lawfully receives money or property under an agreement, then is accused of knowingly using it in a way the owner did not agree to. Examples include spending money that was given for a specific purpose, or not returning borrowed or rented property as agreed. Like other theft charges, it is a misdemeanor or felony based on the value involved under O.C.G.A. § 16-8-12.

Theft by Deception – O.C.G.A. § 16-8-3

This charge applies when someone is accused of getting property by lying, creating a false impression, or hiding important facts. Examples can include selling something they don’t own or promising to do work with no plan to do it. It is a misdemeanor or felony based on the value involved under O.C.G.A. § 16-8-12.

Theft by Receiving Stolen Property – O.C.G.A. § 16-8-7

Theft by receiving applies when someone receives, keeps, or gets rid of property they knew, or should have known, was stolen. The person does not have to be the one who originally took it. This charge sometimes comes up when young people buy phones, bikes, or electronics at prices that seem too good to be true, and it is graded by value under O.C.G.A. § 16-8-12.

Theft by Taking – O.C.G.A. § 16-8-2

Theft by taking is the most common theft charge in Georgia. It applies when someone is accused of unlawfully taking or keeping another person’s property with the intent to keep it from them, whether they got it lawfully at first or not. Under O.C.G.A. § 16-8-12, it is generally a misdemeanor when the value is $1,500 or less and a felony when the value is higher, and some types of property are treated as felonies no matter their value.

Theft of Services – O.C.G.A. § 16-8-5

Theft of services applies when someone is accused of getting services they know require payment, like a meal, a ride, a hotel stay, or utilities, through deception and with the intent to avoid paying. It can also cover using services that belong to someone else without permission. It is a misdemeanor or felony based on the value involved under O.C.G.A. § 16-8-12.

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Underage DUI (Zero Tolerance) – O.C.G.A. § 40-6-391(k)

Georgia’s zero tolerance law makes it illegal for drivers under 21 to drive with a blood alcohol concentration of 0.02 or more. Drivers under 21 can also be charged with DUI less safe or the standard 0.08 charge, depending on the facts. A first conviction in the 0.02 to 0.08 range brings a six-month license suspension with no limited permit, and a nolo contendere plea is not allowed.

Underage Possession of a Handgun – O.C.G.A. § 16-11-132

Georgia law generally makes it illegal for anyone under 18 to possess a handgun. There are exceptions, such as hunting, target practice, and certain supervised activities with a parent’s or adult’s permission. A first offense is usually a misdemeanor, but later offenses can be charged as felonies.

Underage Purchase of Alcohol – O.C.G.A. § 3-3-23(a)(2)

Georgia law makes it illegal for anyone under 21 to buy or try to buy alcohol, and separate sections cover lying about age under O.C.G.A. § 3-3-23(a)(3) and using a fake ID under O.C.G.A. § 3-3-23(a)(5). These charges can come from store or bar compliance checks, or from an ID being flagged at the door. For drivers under 21, a conviction for purchasing alcohol, lying about age, or using a fake ID can also lead to a driver’s license suspension.

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Vehicular Homicide in the First Degree – O.C.G.A. § 40-6-393

First-degree vehicular homicide is charged when a death is alleged to have been caused by certain serious driving violations, including DUI, reckless driving, hit and run, fleeing police, or illegally passing a school bus. It is a felony. The state has to prove that the alleged driving caused the death, which makes crash reconstruction and evidence review especially important.

Vehicular Homicide in the Second Degree – O.C.G.A. § 40-6-393(c)

Second-degree vehicular homicide applies when a death is alleged to have been caused by a more common traffic violation, such as running a red light or failing to yield, that is not one of the violations listed for first degree. It is a misdemeanor. Because a death is involved, these cases often draw close attention from prosecutors and the court.

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