Georgia USLegal Pamphlet on Sentence Reduction

Q: What is the mandatory minimum sentence in Georgia?

O.C.G.A. 16-8-41. If someone gets the mandatory minimum, they must serve all 10 years of that sentence in prison and without the possibility of parole. The only way to get around the mandatory minimum for a serious violent felony is if the State agrees to go below the mandatory minimum.

Category:

Criminal - Sentencing Reductions

State:

Multi-State

Control #:

US-PMPH-14

Format:

Instant download

Description

This pamphlet provides an overview of sentence reduction in criminal cases. Topics covered include judicial release, downward departure, sentence modification, and legislative changes.

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FAQ

O.C.G.A. § 16-8-41. If someone gets the mandatory minimum, they must serve all 10 years of that sentence in prison and without the possibility of parole. The only way to get around the mandatory minimum for a serious violent felony is if the State agrees to go below the mandatory minimum.

If you are seeking to modify a sentencing order handed down after a trial in a Georgia court, then you may move the trial court to reduce your sentence within one year of sentencing or 120 days after the judgment on your appeal - whichever is later. How the case was initially resolved will impact this timeline.