Pooler, GA asked in Criminal Law for Georgia

Q: If you are a recidivist are you sentences under O.C.G.A. (A) and (C) 17-10-7(A) and(C)? T or F

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1 Lawyer Answer
Jermario L Davis
Jermario L Davis
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: It depends on your criminal history. 17-10-7(a) only requires a single prior felony conviction whereby the defendant was sentenced to "confinement" in a penal institution. 17-10-7(c) requires that the defendant have three prior felony convictions "at the time" of the latest arrest.

Therefore, you could technically receive a sentence whereby both would be applicable or only (a), or only (c).

Any time you are legitimately facing a recidivist sentence, speak to an experienced criminal defense attorney asap.

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