Posts

Recidivist Statute

/in , , , , , , , , , , , , /by

A felony conviction has serious consequences. Punishment for a felony offense typically includes prison time, probation, fines, loss of constitutional rights and privileges, and a lifelong blemish on the person’s criminal record. Not only does a felony conviction impact the person’s ability to obtain employment and housing, but, under O.C.G.A. § 17-10-7, a prior felony conviction can be used to enhance a sentence on a new felony conviction. This article serves to explore the “Repeat Offenders” statute dealing with recidivist sentencing and Georgia’s ‘three strikes’ rule.

O.C.G.A. § 17-10-7 (a) – Recidivist Provision

If someone has one prior felony conviction and they are convicted of a felony a second time, the judge must to sentence the offender to the maximum term of imprisonment as set out in the statute they’ve been convicted of. However, the judge does have the discretion to probate or suspend that maximum sentence. Furthermore, in order to obtain a recidivist sentence under 17-10-7, the State must give the defendant clear notice before trial of its intention to seek such a sentence; the State must also prove that the prior conviction was for a crime which, if committed within Georgia, would be a felony.  Wheeler v. State, 270 Ga.App. 363 (2004).

O.C.G.A. § 17-10-7 (c) – Three Strikes Rule  

Any person who has been convicted of three felonies and commits a felony within Georgia shall, upon conviction for such fourth offense or for subsequent offenses, serve the maximum time provided for the sentence. The judge will not be able to reduce the sentence, the offender will not be eligible for parole until the maximum sentence has been served, and early release is unavailable. A person sentenced under the Three Strikes Rule will have to serve every day of the imposed sentence.

 

RECIDIVIST STATUTE IN GEORGIA

/in , , , , , , , , , /by

By: Attorney Erin Dohnalek

In Georgia, repeat offenders are punished more severely, regardless of the nature of the crime charged. The theory behind it is to ensure that the prosecution deters people from continuing to commit crimes, which has caused the Georgia legislature to implement the Recidivist statute.

RECIDIVIST PROVISION

The Recidivist statute is set out in O.C.G.A. § 17-10-7(a). It states that if a criminal defendant has one prior felony conviction, and he/she is subsequently convicted of a second felony, the judge must sentence the offender to the maximum term of imprisonment as set out in the statute. However, the judge does have the discretion to allow probation if he/she wishes to do so, but that choice is completely up to the presiding judge.

Furthermore, if a criminal defendant has one prior “serious violent felony” conviction, the second conviction of similar violent nature would require the judge to sentence the accused to life in prison without parole, and the judge has no discretion, and cannot probate or suspend the sentence. The offender must serve the maximum sentence while in custody.

THREE STRIKES RULE

There is also a second provision of the Recidivist statute that comes into play with repeat offenders. It is known as the Three Strikes rule, pursuant to O.C.G.A. § 17-10-7(c). This law states that if a criminal defendant has previously been convicted of three felonies, and he/she is convicted of a subsequent felony offense, which would be a fourth felony conviction, then the offender must serve the maximum term of imprisonment for that charge and will not be eligible for parole until that time has been served.

CONTACT US

At the Law Offices of W. Scott Smith, our attorneys are knowledgeable about the consequences of a felony conviction, especially for individuals who have been convicted of felony crimes in the past. We also understand all possible options for our clients dealing with pending allegations and will zealously advocate on their behalf. Therefore, if you have been recently arrested for a felony offense or your case is currently pending, please call our office today at 404-581-0999 for a free consultation.