At W. Scott Smith, P.C., we know that facing criminal charges is stressful and confusing—especially if you have prior convictions. One of the most important laws you should be aware of if you’re in this situation is Georgia’s recidivist statute. Understanding how this law works, and how it can impact your future, is crucial. We’re here to help.

What is the Recidivist Statute?

In simple terms, a “recidivist” is a repeat offender—someone who has previous felony convictions and now faces new felony charges. Georgia’s recidivist statute requires judges to impose harsher sentences on individuals who have prior felony convictions. The law is complex and can result in mandatory maximum sentences, loss of parole eligibility, and limited opportunities for probation or early release.

There are two types of Recidivist notices.

• One prior felony conviction you get the maximum sentence for the crime but a portion of the sentence can be probated (unless the statute for the underlying offense specifically prohibits probation): The defendant may be sentenced to the maximum prison time allowed for the current offense.
• Three Strikes Rule: If a defendant has three prior felony convictions, they may face the maximum sentence and no parole eligibility for a fourth felony conviction.

How Can the Recidivist Statute Affect You?

If you have one or more prior felony convictions, and you are charged with a new felony, the recidivist statute can significantly increase the amount of time you may have to serve in prison. In some cases, you could be required to serve the maximum sentence allowed for the new charge, and you may not be eligible for parole. For people with multiple prior felonies, the law is even stricter—sometimes requiring you to serve every day of your sentence without the possibility of parole or early release.

Why You Need an Experienced Attorney

The recidivist statute is unforgiving, but there are still ways to fight your charges and protect your rights. An experienced criminal defense attorney can review your case, examine your prior convictions, and develop a strategy to minimize the consequences you face. Sometimes, prior convictions may not count for recidivist sentencing, or there may be legal arguments that could reduce your exposure to these enhanced penalties.

Don’t Face This Alone – Get Help Now

If you or a loved one is facing criminal charges and has a prior record, it’s vital to understand what’s at stake. The consequences of being served with a notice of aggravation of punishment under Georgia’s recidivist statute are severe, but you do not have to navigate this process alone. At W. Scott Smith, P.C., we offer free consultations seven days a week to help you understand your situation and your options.

Call us today at 404-581-0999 to schedule your free consultation. Let us put our experience to work for you and fight for your future.