Brooklet, GA asked in Criminal Law for Georgia

Q: Can one use first offender for voluntary manslaughter and possessing a firearm during commission of a crime?

To include if the individual has never been convicted of a felony.

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1 Lawyer Answer
Glenn T. Stern
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  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: In Georgia, first-time offenders may enter a guilty plea under the First Offender Act; to qualify, one must have never been previously convicted of a felony or have taken advantage of the First Offender Act in the past. Additionally, certainly serious offenses are specifically excluded from taking advantage of the Act under the law. Although voluntary manslaughter and possessing a firearm during a commission of a crime are both serious offenses, they are not among the crimes excluded and therefore DO qualify for First Offender treatment.

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