Why Felony Cases Demand Immediate Action.
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01
Pre-Indictment Window
The most powerful intervention in a felony case happens before the grand jury indicts. That window is days, not weeks.
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02
Bond Hearing Hours After Arrest
Felony bond is the judge's discretion. A defense attorney at the hearing changes the math entirely.
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03
First Offender Eligibility
Sentence-shielding programs exist for many felonies, but the application has a deadline.
Former Cobb Magistrate Judge
Presided over felony preliminary hearings and bond hearings.
Former Cobb County Prosecutor
Inside knowledge of how the State builds felony cases.
AV Preeminent® Peer Rated
Highest peer rating from Martindale-Hubbell.
State Bar of Georgia
Active Member in Good Standing. Licensed since 1997.
When the Stakes Are This High,
Experience Has to Match.
Gerald Moore is a former Cobb County magistrate judge and former Cobb County assistant district attorney who now defends clients facing the most serious criminal charges in Marietta, Cobb County, and across Georgia. He knows how felony cases are built because he used to build them. He knows how judges evaluate felony evidence because he used to sit on the bench.
Moore Law Center handles the full range of criminal defense services with particular depth in felony-level matters. From aggravated assault to armed robbery to felony DUI, our attorneys fight to protect your freedom, your record, and your future.
What Is a Felony in Georgia?
Georgia defines a felony as any criminal offense punishable by more than 12 months of incarceration. Unlike many states, Georgia does not classify felonies into lettered or numbered classes. Each felony offense has its own sentencing range defined by its specific statute. Penalties vary widely depending on the charge.
A felony conviction in Georgia carries consequences that extend far beyond prison. You lose your right to vote while incarcerated. You lose your right to possess firearms. You carry a permanent criminal record that makes employment, housing, professional licensing, and college admissions significantly harder. These are life-altering outcomes. They demand aggressive, informed defense.
For comparison, a misdemeanor in Georgia carries a maximum of 12 months in county jail and a $1,000 fine. Some offenses, like theft, can be charged as either a felony or a misdemeanor depending on the dollar amount involved.
Felony Charges We Defend in Marietta and Cobb County
Each felony has its own statute, its own sentencing range, and its own defense playbook. Here are the charges we handle most often.
Aggravated Assault
1 to 20 years. Under O.C.G.A. § 16-5-21. Five-year minimum if the alleged victim is a law enforcement officer. Defense often turns on self-defense, intent, or disputing the "deadly weapon" classification.
Armed Robbery
10 to 20 years. Up to life without parole if a firearm is used. Under O.C.G.A. § 16-8-41. Defense focuses on identification, the presence or use of a weapon, and the circumstances of the alleged taking.
Felony DUI
1 to 5 years. Fourth DUI within ten years under O.C.G.A. § 40-6-391. A DUI causing serious injury or death may also be charged as a felony. See our DUI defense page.
Drug Trafficking
Mandatory minimums. Defined by weight, not proof of distribution. 28 grams of cocaine triggers a 10-year mandatory minimum. Our drug trafficking charges defense challenges the search and seizure first.
Burglary
1 to 20 years. Under O.C.G.A. § 16-7-1. First-degree (entering a dwelling) carries 1 to 20. Second-degree (non-dwelling) carries 1 to 8. Smash-and-grab carries 2 to 20.
Felony Theft
1 to 10 years. Theft of property valued at $1,500 or more under O.C.G.A. § 16-8-12. Shoplifting $500+ is also a felony. Valuation evidence is often the contested point.
A Path Forward for First-Time Felony Defendants.
Under O.C.G.A. § 42-8-60, a first-time offender can plead guilty without being formally convicted. Complete the sentence. The charges are discharged. The record is sealed. Violate the terms and the judge can revoke first offender status and impose the full original sentence. Not every felony qualifies. Serious violent and sexual offenses are excluded. Whether to pursue first offender treatment versus going to trial depends on the evidence, the charges, and the exposure.
Talk Through Your Options: 678-699-3406Five Pillars of Felony Defense
Every felony case is different. Aggravated assault does not defend like drug trafficking. What stays constant is the process.
Constitutional Challenges
Was the search legal? Was the arrest supported by probable cause? Were Miranda rights properly administered? Were statements taken in violation of your right to counsel? Constitutional violations can lead to suppression of critical evidence.
Evidence Scrutiny
We examine every piece of physical, forensic, and testimonial evidence. Lab reports. Surveillance footage. Witness reliability. Chain of custody. We identify weaknesses the prosecution may not realize they have.
Negotiation Leverage
Gerald Moore's time as a Cobb County assistant district attorney gives direct insight into how prosecutors evaluate cases. He knows what evidence makes prosecutors confident and what makes them uncertain. That knowledge translates into stronger negotiating positions.
Trial Preparation
We prepare every case as if it is going to trial. If the State's offer does not serve your interests, we are ready to go to a jury. Felony trials in Cobb County are heard in Cobb County Superior Court. Gerald Moore and Reid M. Kennedy know the courtroom.
Alternative Sentencing
First Offender Act treatment. Pretrial diversion where available. Negotiated plea agreements that avoid the worst consequences. We pursue every avenue that protects your freedom and your future.
Talk to a Felony Attorney
Felony charges do not wait. The State is already building. Call us today.
Call 678-699-3406 →How a Felony Case Moves Through Cobb County
Felony cases follow a longer, more structured path than misdemeanors. Here is how it works.
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1
Arrest & Booking
Processed at the Cobb County Adult Detention Center. Fingerprinted. Photographed. Held pending a bond hearing.
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Preliminary Hearing
A magistrate judge reviews whether probable cause exists to support the charges. Gerald Moore presided over these hearings as a former Cobb County magistrate judge.
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Grand Jury Indictment
Felony charges in Georgia must be presented to a grand jury before they proceed to trial. The grand jury hears the prosecution's evidence and decides whether to formally indict. Defense does not present evidence at this stage.
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Arraignment in Superior Court
After indictment, the case moves to Cobb County Superior Court. The defendant enters a plea and the case is assigned for pretrial proceedings.
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Discovery, Motions & Pretrial
Both sides exchange evidence. The defense files motions to suppress evidence, challenge the charges, or seek dismissal. Plea negotiations occur during this phase.
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Trial, Sentencing & Beyond
If no agreement is reached, the case goes to a jury trial in Superior Court. Sentencing follows conviction. If placed on felony probation and a violation occurs later, the consequences trigger probation revocation proceedings.
Defending Felony Cases Across Greater Atlanta
We try felony cases in Cobb County Superior Court and surrounding metro courts.
Cobb County Criminal Defense
Marietta, Kennesaw, Acworth, Smyrna, Powder Springs. Cobb County Superior Court.
Fulton County
Atlanta, Roswell, Alpharetta, Sandy Springs.
Cherokee County
Canton, Woodstock, Holly Springs.
Douglas County
Douglasville, Lithia Springs.
Gwinnett County Criminal Defense
Lawrenceville, Duluth, Peachtree Corners, Norcross.
DeKalb County Criminal Defense
Decatur, Dunwoody, Brookhaven, Tucker.
Paulding County Criminal Defense
Dallas, Hiram.
Bartow County Criminal Defense
Cartersville, Emerson.
Fayette County Criminal Defense
Fayetteville, Peachtree City, Tyrone.
What Our Peers and Clients Say
Verified reviews from attorneys and clients who have worked with Gerald Moore.
I have known Gerald Moore for many years through my own criminal defense practice. I have observed and interacted with him as a judge, a prosecutor, and in private practice. I have always come away impressed with his ability to find the right solution and to fight for his clients.
Peer Attorney · Martindale-Hubbell
Best priced, payment plan, means business, goes above and beyond to get the job done. Mr. Moore got my sentence reduced. He walked me through every step from beginning to end.
Jose I. · Google review
Your Freedom Is on the Line.
Felony cases move fast. The earlier the right defense starts, the more leverage you have.
Felony Charges in Georgia, Answered
Common questions clients ask before they call.
What is a felony in Georgia?
A felony is any crime punishable by more than 12 months of incarceration. Sentences are served in state prison. Georgia does not use a class-based felony system. Each offense carries its own sentencing range defined by statute. Consequences include prison, fines, loss of voting and firearm rights, and a permanent criminal record.
Is aggravated assault a felony in Georgia?
Yes. Aggravated assault under O.C.G.A. § 16-5-21 is a felony carrying one to twenty years in prison. If the alleged victim is a law enforcement officer, the minimum sentence is five years. The charge applies when an assault involves a deadly weapon, intent to commit a serious crime, or an object that could cause serious bodily injury.
Is a DUI a felony in Georgia?
A first, second, or third DUI within ten years is a misdemeanor. A fourth DUI within ten years is a felony carrying one to five years in prison. A DUI that causes serious injury or death may also be charged as a felony. Learn more about DUI defense.
Is a hit and run a felony in Georgia?
Leaving the scene of an accident involving injury or death is a felony carrying one to five years. Leaving a property-damage-only accident is a misdemeanor.
Is battery a felony in Georgia?
Simple battery is a misdemeanor. Aggravated battery under O.C.G.A. § 16-5-24 is a felony carrying one to twenty years. The distinction depends on the severity of injury and the circumstances.
What is the First Offender Act in Georgia?
The First Offender Act (O.C.G.A. § 42-8-60) allows first-time offenders to complete their sentence without a formal conviction. If all conditions are met, the charge is discharged and the record sealed. Violation of terms can result in revocation and the full original sentence being imposed.
How long can a felony charge be pending in Georgia?
Most felonies have a four-year statute of limitations under O.C.G.A. § 17-3-1. Murder has no limitation. Armed robbery and kidnapping have seven years. Once charges are formally filed, the case remains pending until resolved through trial, plea, or dismissal.
Can a felony be reduced to a misdemeanor in Georgia?
Through plea negotiations, a prosecutor may agree to reduce a felony to a misdemeanor. This is more common for first-time offenders or cases with evidentiary weaknesses. The First Offender Act and pretrial diversion programs can also achieve outcomes that avoid a felony conviction on your record.
Contact a Marietta Felony Defense Attorney Now
Felony charges do not wait. Evidence degrades. Witnesses relocate. The prosecution begins building immediately. The sooner you have a felony defense attorney reviewing your case, the stronger your position.
191 Roswell St NE, Suite 100, Marietta, GA 30060
678-699-3406
info@moorelawcenter.com