---
title: O.C.G.A. § 17-10-4. Punishment for misdemeanors of a high and aggravated nature.
collection: code
id: 17-10-4
cite_as: O.C.G.A. § 17-10-4 (2025)
canonical_url: https://georgiacommons.org/code/17-10-4
md_url: https://georgiacommons.org/code/17-10-4.md
text_url: https://georgiacommons.org/code/17-10-4/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t17-(v15)-2020-pdf.pdf?sfvrsn=8c04ccfe_0#page=1082
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
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publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: CRIMINAL PROCEDURE / SENTENCE AND PUNISHMENT / PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
---

# O.C.G.A. § 17-10-4. Punishment for misdemeanors of a high and aggravated nature.

(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the term of confinement.

(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance.

## History

Code 1933, § 27-2506.1, enacted by Ga. L. 1970, p. 236, § 11; Ga. L. 1985, p. 283, § 1; Ga. L. 1997, p. 1526, § 2; Ga. L. 2000, p. 1111, § 1.

## Law Reviews

For annual survey of criminal law, see 38 Mercer L. Rev. 129 (1986). For article, ‘‘Misdemeanor Sentencing in Georgia,’’ see 7 Ga. St. B.J. 8 (2001).

## Administrative Rules and Regulations

Offender administration, Official Compilation of the Rules and Regulations of the State of Georgia, Board of Corrections, Departmental Operations, Chapter 125-2-4.