2020 Georgia Code
Title 17 - Criminal Procedure
Chapter 10 - Sentence and Punishment
Article 1 - Procedure for Sentencing and Imposition of Punishment
§ 17-10-5. Imposition of Misdemeanor Punishment for Felonies Punishable by Imprisonment for Term of Ten Years or Less

Universal Citation: GA Code § 17-10-5 (2020)

When a defendant is found guilty of a felony punishable by imprisonment for a maximum term of ten years or less, the judge may, in his discretion, impose punishment as for a misdemeanor.

(Code 1933, § 26-3101, enacted by Ga. L. 1968, p. 1249, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Applicability of statutory restrictions on misdemeanor sentences.

- Any active sentence imposed pursuant to O.C.G.A. § 17-10-5 would necessarily fall within any statutory restrictions on misdemeanor sentences. 1982 Op. Att'y Gen. No. U82-47.

Mandatory language of former O.C.G.A. § 42-5-100(d), which governed the crediting of earned time to misdemeanants confined to county correctional facilities, applied when a felon was sentenced to confinement in a county jail as a condition of probation. 1982 Op. Att'y Gen. No. U82-47 (decided prior to 1983 amendment of § 42-5-100).

RESEARCH REFERENCES

Am. Jur. 2d.

- 21A Am. Jur. 2d, Criminal Law, § 831 et seq.

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