1. Garland, Samuel & Loeb
Focus Area: Criminal defense with nationally recognized attorneys and published legal authorities
Practice Areas: Criminal defense, federal crimes, white-collar crimes, sex crimes, drug crimes, violent crimes, appeals
Background: Garland, Samuel & Loeb is a highly respected Atlanta criminal defense firm. Partner Donald F. Samuel has multiple publications considered the definitive legal handbook for criminal defense lawyers. The attorneys are routinely called upon to teach other lawyers and provide legal insight and analysis. The firm’s team includes Edward T.M. Garland, Donald F. Samuel, Robin N. Loeb, John A. Garland, Amanda R. Clark Palmer, Kristen W. Novay, and David E. Tusynski. The firm is known for thorough case analysis and developing effective defense strategies tailored to each unique case.
Location: Garland Law Building, 3151 Maple Drive, N.E., Atlanta, GA 30305
Contact: (404) 262-2225 | https://gsllaw.com/
Consultation: Available for case consultation
2. Atlanta Criminal Defense Team
Focus Area: Criminal defense with multiple awards and Super Lawyers recognition
Practice Areas: Murder, felony murder, firearms offenses, drug crimes, DUI, violent crimes, sex crimes, theft, federal crimes
Background: Atlanta Criminal Defense Team has been recognized with multiple awards including Super Lawyers Rising Stars every year since 2019, The National Trial Lawyers Top 100 award for criminal defense, and America’s Top 100 Criminal Defense Attorneys membership since 2018. The American Institute of Criminal Law Attorneys named the firm one of the 10 Best Law Firms in Georgia for Criminal Defense based on client satisfaction. When clients retain the firm, they automatically get two highly skilled attorneys working on their case. The firm specializes in 100% criminal defense and has handled cases in virtually every county and court in Georgia.
Location: Atlanta, Georgia (serves throughout the State of Georgia)
Contact: (404) 793-7773 | https://www.atlantacriminaldefenseteam.com/
Consultation: Free and confidential phone consultation available
3. Law Office of Matthew T. McNally
Focus Area: Criminal defense with former prosecutor experience
Practice Areas: Domestic violence, drug crimes, white-collar crimes, DUI, assault, theft, violent crimes
Background: Attorney Matthew T. McNally has nearly 20 years of experience and served as an Assistant District Attorney in the Coweta and Cobb County judicial circuits before starting his firm. As a former prosecutor, he knows how the prosecution operates and how to build effective defenses. Attorney McNally has thousands of hours of courtroom experience and invaluable relationships with judges, prosecutors, sheriffs, and bailiffs. He personally handles each case rather than passing it off to another lawyer. The firm proudly serves clients in Cobb County, DeKalb County, Douglas County, Fulton County, Gwinnett County, Clayton County, and Paulding County.
Location: Atlanta, Georgia (serves multiple counties)
Contact: (678) 918-4421 | https://www.mtmlegal.com/
Consultation: Free evaluation available; zero-down financing with no interest for 6 months
4. The Law Office of Ahmad R. Crews, LLC
Focus Area: Client-oriented criminal and violent crimes defense
Practice Areas: Traffic offenses, theft charges, drug possession, violent offenses, assault, robbery, sex crimes
Background: Attorney Ahmad R. Crews provides passionate representation for the criminally accused with a genuine desire to provide professional and ethical legal assistance. He brings an incomparable amount of commitment, tenacity, and drive to each case he handles. The firm develops customized defense strategies based on the specific circumstances of each client’s situation. The Law Office of Ahmad R. Crews, LLC upholds its commitment to client advocacy and seeking justice in each case, from traffic offenses and theft charges to drug possession and violent offenses.
Location: Atlanta, Georgia
Contact: (404) 996-1366 | https://www.ahmadrcrews.com/
Consultation: Free initial consultation available
5. Farnsworth & Murphy LLC
Focus Area: Criminal defense with decades of courtroom experience
Practice Areas: DUI, drug possession, felonies, assault, homicide, sex crimes, criminal appeals
Background: Farnsworth & Murphy LLC brings decades of courtroom experience to every case. The attorneys know how prosecutors build their arguments and how to dismantle them. The firm emphasizes that every case is unique, and each client receives a knowledgeable and skilled legal team that communicates effectively, offers personalized legal counsel, and puts maximum effort into their defense. The firm handles all aspects of Georgia criminal defense including drug crimes, violent offenses, sex crime allegations, and criminal appeals. The firm has achieved dismissals, reductions, and reversals and is available 24/7.
Location: Atlanta, Georgia
Contact: (470) 601-6935 | https://farnsworthlawatl.com/
Consultation: Free consultation available
Criminal Defense Laws in Georgia
Felony Classifications
Georgia does not use a formal felony classification system (Class A, B, etc.). Instead, each offense has its own specific penalty range:
Life Felonies: Murder, armed robbery, kidnapping, rape, and aggravated child molestation can carry life imprisonment. First-degree murder can result in life without parole or death.
Serious Felonies: Aggravated assault (1-20 years), aggravated battery (1-20 years), burglary (1-20 years), robbery (1-20 years).
Standard Felonies: Theft by taking over $25,000 (2-20 years), drug trafficking (varies by substance and quantity), certain fraud offenses.
Lower-Level Felonies: Theft by taking $5,000-$25,000 (1-10 years), forgery (1-10 years), certain drug possession charges.
Georgia uses the “Seven Deadly Sins” designation for the most serious violent felonies, which have mandatory minimum sentences and limited parole eligibility.
Misdemeanor Classifications
Misdemeanor: Standard misdemeanors carry up to 12 months in jail and $1,000 fine. Examples include simple battery, simple assault, theft under $1,500, and first-offense shoplifting under $500.
Misdemeanor of a High and Aggravated Nature: More serious misdemeanors carrying up to 12 months in jail and $5,000 fine. Examples include third-degree cruelty to children and certain domestic violence offenses.
Record Clearing Options (Record Restriction)
Georgia uses “record restriction” (formerly expungement):
Eligible for Restriction: Arrests not resulting in conviction, dismissed charges, acquittals, and certain first-offender completions. As of 2021, certain misdemeanor convictions may be restricted 4 years after completion of sentence.
First Offender Act: Georgia’s First Offender program allows first-time offenders to complete their sentence without a formal conviction. Upon successful completion, the case is discharged without adjudication of guilt, and the record can be restricted.
Pardons: The Georgia State Board of Pardons and Paroles can grant pardons, which can help restore rights but do not automatically seal records.
DUI Laws
Georgia DUI applies to driving with BAC of .08% or higher (.04% commercial, .02% under 21). First offense carries 10 days to 12 months jail (24 hours minimum mandatory), $300-$1,000 fine, 12 months probation, 40 hours community service, DUI school, and 1-year license suspension. Georgia has implied consent; refusal results in 1-year license suspension. Fourth DUI within 10 years is a felony.
Frequently Asked Questions
What is Georgia’s First Offender Act and how does it work?
Georgia’s First Offender Act (OCGA 42-8-60) allows people who have never been convicted of a felony to plead guilty or nolo contendere to certain charges without a formal conviction being entered. If you successfully complete all terms of your sentence (probation, fines, community service, etc.), the charges are discharged without an adjudication of guilt. This means you can legally state you have not been convicted of that crime on most applications. However, the arrest record remains unless you separately petition for record restriction. First Offender status can be revoked if you violate probation or commit a new offense, resulting in resentencing on the original charge. Not all offenses are eligible for First Offender treatment, including serious violent and sexual offenses. An Atlanta criminal defense attorney can advise whether First Offender status is available and appropriate for your case.
What are Georgia’s “Seven Deadly Sins” and how do they affect sentencing?
Georgia’s “Seven Deadly Sins” are specific serious violent felonies that carry mandatory minimum sentences and restricted parole eligibility under OCGA 17-10-6.1. These offenses are: murder, felony murder, armed robbery, kidnapping, rape, aggravated child molestation, and aggravated sodomy. Conviction for any of these offenses results in mandatory minimum sentences and restrictions on parole eligibility. For example, armed robbery carries a mandatory minimum of 10 years without parole. Repeat offenders face even harsher mandatory sentences. Because of these severe consequences, it is critical to have an experienced Atlanta criminal defense attorney who can challenge the charges, negotiate for lesser offenses where possible, or present strong defenses at trial.
What happens at a preliminary hearing in Fulton County?
A preliminary hearing in Fulton County (and throughout Georgia) is held for felony cases to determine whether there is probable cause to bind the case over to Superior Court for trial. The hearing is typically held within 10 days if you are in custody or within a reasonable time if you are released on bond. At the hearing, the prosecution presents evidence (usually through police testimony), and your Atlanta criminal defense attorney can cross-examine witnesses. The standard is probable cause, which is lower than “beyond a reasonable doubt.” If the judge finds probable cause, your case proceeds to Superior Court. If not, the charges may be dismissed (though the prosecutor can still seek a grand jury indictment). Many defendants waive preliminary hearings, but they can be valuable for discovery and testing the state’s case.
Can I get a felony reduced to a misdemeanor in Georgia?
Georgia does not have a formal process to reduce felonies to misdemeanors after conviction. However, there are several ways to achieve a similar result: plea negotiations before trial may result in reduced charges, certain theft offenses are charged as misdemeanors or felonies based on the value of property (reducing restitution can affect the charge), and successful completion of First Offender can result in no conviction at all. Additionally, some offenses that were felonies at the time of conviction have since been reclassified as misdemeanors, potentially allowing for resentencing. Georgia’s record restriction laws have expanded, allowing certain older convictions to be restricted from public view. An Atlanta criminal defense attorney can evaluate your specific case for options.
What are my rights if I am stopped by police in Atlanta?
If stopped by police in Atlanta, you have several constitutional rights. You have the right to remain silent under the Fifth Amendment; you do not have to answer questions beyond providing identification. You have the right to refuse consent to searches, though police may search if they have probable cause or a warrant. If arrested, you have the right to an attorney; clearly invoke this right by stating “I want a lawyer.” Georgia’s “stand your ground” law (OCGA 16-3-23.1) means you do not have a duty to retreat before using force in self-defense if you are in a place you have a right to be. However, exercising self-defense rights requires careful evaluation of the specific circumstances. If you believe your rights were violated during a stop or arrest, an Atlanta criminal defense attorney can file motions to suppress evidence obtained illegally.