Can I Own a Firearm if I Have a Felony Conviction in Georgia?
If you are facing criminal charges in Cobb County, Georgia, you need an attorney who knows this court system inside and out. David Williamson is a former Cobb County prosecutor who now uses that experience to defend individuals charged with felonies, misdemeanors, and traffic offenses in the Cobb Judicial Circuit. When your future is on the line, experience matters — and there is no substitute for an attorney who has worked on both sides of the courtroom in the same courthouse where your case will be heard.
Call (770) 884-1485 for a free, confidential consultation with a Cobb County criminal defense lawyer.
Cobb County is one of the largest and busiest judicial circuits in Georgia. Understanding the court system structure — and identifying which court will hear your case — is the first step toward building an effective defense.
Superior Court handles all felony criminal cases in Cobb County, including drug trafficking (O.C.G.A. § 16-13-31), aggravated assault (O.C.G.A. § 16-5-21), armed robbery (O.C.G.A. § 16-8-41), murder (O.C.G.A. § 16-5-1), burglary (O.C.G.A. § 16-7-1), and sexual offenses. All felony cases must be presented to a grand jury for indictment under O.C.G.A. § 17-7-50 before proceeding to trial. The Cobb County Superior Court is located at the Cobb County Courthouse in Marietta and has multiple judges handling criminal dockets.
State Court has jurisdiction over all misdemeanor criminal cases, including DUI (O.C.G.A. § 40-6-391), simple battery (O.C.G.A. § 16-5-23), shoplifting under the misdemeanor threshold (O.C.G.A. § 16-8-14), marijuana possession of less than one ounce (O.C.G.A. § 16-13-2(b)), disorderly conduct (O.C.G.A. § 16-11-39), and criminal trespass (O.C.G.A. § 16-7-21). State Court misdemeanor convictions carry penalties of up to 12 months in jail and $1,000 in fines. Defendants have the right to a jury trial in State Court.
Magistrate Court handles first appearances after arrest, preliminary hearings, warrant applications, and bond hearings. After an arrest in Cobb County, the defendant’s first appearance will typically be in Magistrate Court within 48 to 72 hours. The magistrate judge will set bond conditions and advise the defendant of the charges under O.C.G.A. § 17-4-26.
Cobb County includes several municipalities — Marietta, Kennesaw, Smyrna, Acworth, Austell, and Powder Springs — each with its own municipal court handling traffic violations and city ordinance offenses. Cases in municipal court that involve state law violations may be bound over to State or Superior Court for prosecution.
Williamson Legal provides defense representation across the full spectrum of criminal charges filed in Cobb County courts:
DUI Defense — Georgia’s DUI statute (O.C.G.A. § 40-6-391) prohibits driving under the influence of alcohol, drugs, or any impairing substance. Cobb County aggressively prosecutes DUI cases. A first conviction carries 12 months probation, a minimum 24 hours in jail, DUI school, substance abuse evaluation, community service, and a 120-day license suspension under O.C.G.A. § 40-5-63. Repeat offenses carry escalating penalties including mandatory jail time and ignition interlock devices. We challenge field sobriety tests, Intoxilyzer 9000 results, implied consent violations (O.C.G.A. § 40-5-55), and the legality of the initial traffic stop.
Drug Crimes — From simple possession of marijuana (O.C.G.A. § 16-13-2(b)) to felony drug trafficking with mandatory minimum sentences (O.C.G.A. § 16-13-31), Cobb County prosecutors pursue drug cases at every level. We defend possession, possession with intent to distribute, manufacturing, trafficking, and prescription drug offenses, often challenging the legality of the search under O.C.G.A. § 17-5-30.
Assault and Battery — Assault charges range from simple assault (O.C.G.A. § 16-5-20, misdemeanor) and simple battery (O.C.G.A. § 16-5-23) to aggravated assault (O.C.G.A. § 16-5-21, carrying 1–20 years) and aggravated battery (O.C.G.A. § 16-5-24). Self-defense under O.C.G.A. § 16-3-21 and Georgia’s stand your ground law (O.C.G.A. § 16-3-23.1) are frequently successful defenses in these cases.
Domestic Violence — Family violence cases under O.C.G.A. § 19-13-1 carry enhanced penalties, mandatory arrest under O.C.G.A. § 17-4-20.1, and serious collateral consequences including federal firearm prohibitions (18 U.S.C. § 922(g)(9)) and impacts on custody proceedings under O.C.G.A. § 19-9-3(a)(5).
Theft and Property Crimes — Shoplifting (O.C.G.A. § 16-8-14), theft by taking (O.C.G.A. § 16-8-2), receiving stolen property (O.C.G.A. § 16-8-7), burglary (O.C.G.A. § 16-7-1), and robbery (O.C.G.A. § 16-8-40). The felony theft threshold in Georgia is $1,500 for most offenses and $500 for shoplifting.
Sex Offenses — Rape (O.C.G.A. § 16-6-1), child molestation (O.C.G.A. § 16-6-4), sexual battery (O.C.G.A. § 16-6-22.1), and other sex crimes carry severe penalties and mandatory sex offender registration under O.C.G.A. § 42-1-12.
Weapons Offenses — Possession of a firearm by a convicted felon (O.C.G.A. § 16-11-131), carrying in unauthorized locations (O.C.G.A. § 16-11-127), and possession during commission of a crime (O.C.G.A. § 16-11-106(b)) all carry significant penalties.
White-Collar Crimes — Fraud, embezzlement, forgery (O.C.G.A. § 16-9-1), identity theft (O.C.G.A. § 16-9-121), and RICO charges (O.C.G.A. § 16-14-4) are aggressively prosecuted in Cobb County given the county’s large business community.
Bond Hearings — We represent clients at bond hearings in Magistrate and Superior Court, arguing for reasonable bond conditions under the factors set forth in O.C.G.A. § 17-6-1(e).
Probation Violations — A probation revocation hearing in Cobb County can result in the imposition of the original sentence. We present mitigation evidence and argue for continued probation or alternative sanctions.
After arrest, the defendant is transported to the Cobb County Adult Detention Center for booking and processing. A first appearance before a Magistrate Court judge typically occurs within 48 to 72 hours.
At the first appearance, the judge sets bond conditions based on factors including the severity of the offense, criminal history, community ties, and flight risk (O.C.G.A. § 17-6-1(e)). For certain serious felonies — including murder, armed robbery, rape, aggravated child molestation, aggravated sodomy, manufacturing or distributing certain drugs, and aggravated sexual battery — only a Superior Court judge may set bond under O.C.G.A. § 17-6-1(a).
For felony cases, the defendant may request a preliminary hearing to challenge probable cause under O.C.G.A. § 17-7-20. If probable cause is found — or if the grand jury returns an indictment under O.C.G.A. § 17-7-50 — the case proceeds to Superior Court. Misdemeanor cases proceed by accusation in State Court.
During the pre-trial phase, the defense reviews all evidence including police reports, body camera footage, witness statements, forensic results, and surveillance video. This is where we file critical motions including motions to suppress evidence obtained through illegal searches (O.C.G.A. § 17-5-30), motions to exclude improperly obtained statements, and Brady motions demanding disclosure of exculpatory evidence.
Cobb County offers several favorable sentencing alternatives for eligible defendants. First Offender treatment under O.C.G.A. § 42-8-60 allows a guilty plea without a formal conviction on the record. Conditional discharge under O.C.G.A. § 16-13-2(a) provides a similar benefit for first-time drug offenders. Pre-trial diversion programs, drug court, mental health court, and veterans court are also available in Cobb County for qualifying cases.
If the case cannot be resolved through negotiation, it proceeds to trial. In both State and Superior Court, the defendant has the right to a jury trial where the State must prove guilt beyond a reasonable doubt. As a former Cobb County prosecutor, David Williamson knows how the State presents its case and how to effectively challenge it before a Cobb County jury.
A criminal conviction in Georgia carries consequences that extend far beyond the courtroom. Understanding these collateral consequences underscores why aggressive defense matters:
Employment — Many employers conduct criminal background checks, and a felony conviction can disqualify candidates from numerous professions. Georgia law restricts record access through O.C.G.A. § 35-3-37, but convictions remain visible unless restricted or pardoned.
Professional Licensing — Convictions can affect licensing for attorneys, physicians, nurses, teachers, real estate agents, and other regulated professions in Georgia.
Housing — Landlords routinely screen for criminal history, and certain convictions — particularly drug and sex offenses — can result in denial of housing applications.
Firearm Rights — A felony conviction results in the loss of firearm rights under both Georgia law (O.C.G.A. § 16-11-131) and federal law (18 U.S.C. § 922(g)(1)). Certain misdemeanor domestic violence convictions also trigger federal firearm prohibitions.
Immigration — For non-citizens, criminal convictions can trigger deportation, denial of naturalization, or inadmissibility under federal immigration law. Even misdemeanor convictions may have immigration consequences.
Education — A criminal record can affect college admissions, financial aid eligibility, and the ability to participate in certain academic programs.
David Williamson spent years as a prosecutor in this jurisdiction before founding Williamson Legal. That experience provides an unmatched advantage: he knows the Cobb County judges, understands how the district attorney’s office evaluates cases, and has tried cases in these courtrooms. He knows the strategies that work because he has seen them from both sides.
Our defense approach combines thorough investigation, aggressive pre-trial motion practice, skilled plea negotiation, and, when necessary, relentless trial advocacy. Every case receives the individual attention and strategic planning it deserves.
Williamson Legal represents clients throughout every city and community in Cobb County. Learn more about criminal defense services in your area:
We also serve clients in Acworth, Austell, Powder Springs, and Vinings. No matter where in Cobb County your arrest occurred, David Williamson can defend you.
David Williamson also handles cases in counties neighboring Cobb:
Explore these resources from Attorney David Williamson:
Exercise your right to remain silent and ask for an attorney. Do not answer questions from law enforcement beyond providing your basic identification information. Anything you say after arrest can and will be used against you. Contact a criminal defense lawyer as soon as possible — ideally before your first appearance in Magistrate Court — so your attorney can advocate for favorable bond conditions and begin building your defense immediately.
After a bond is set by a Magistrate or Superior Court judge, the defendant can be released by posting the full cash bond amount, using a bonding company (which typically charges 12–15% of the bond amount as a non-refundable fee), or posting property bond. For certain serious offenses listed in O.C.G.A. § 17-6-1(a), only a Superior Court judge can set bond. If the bond amount is too high, an attorney can file a motion to reduce bond and present arguments at a bond reduction hearing.
Yes, it is often possible to get charges reduced or dismissed through effective defense work. Common outcomes include negotiating felony charges down to misdemeanors, having charges reduced through plea negotiations (such as DUI reduced to reckless driving under O.C.G.A. § 40-6-393), securing dismissal due to insufficient evidence or constitutional violations, or obtaining pre-trial diversion that results in dismissal upon completion. The possibility of these outcomes depends on the specific facts, the strength of the evidence, and the skill of your defense attorney.
State Court handles misdemeanor offenses punishable by up to 12 months in jail and $1,000 in fines. Superior Court handles all felony offenses — crimes carrying more than 12 months of imprisonment. Felony cases in Superior Court require indictment by a grand jury under O.C.G.A. § 17-7-50. Both courts provide the right to a jury trial, and both courts have dedicated prosecutors and judges handling criminal dockets.
Yes, arrests and charges appear on your criminal history record maintained by the Georgia Crime Information Center. Even if your case is dismissed or you are acquitted, the arrest record remains unless you take affirmative steps to have it restricted under O.C.G.A. § 35-3-37. If you successfully complete First Offender treatment under O.C.G.A. § 42-8-60, the charge is discharged without a conviction but the arrest may still appear unless restricted. An attorney can advise you on record restriction options for your specific situation.
If you are facing criminal charges in Cobb County, every day matters. Contact Williamson Legal today for a free, confidential consultation. Call (770) 884-1485 or fill out our online contact form. We serve clients in Marietta, Kennesaw, Smyrna, Acworth, Austell, Powder Springs, and throughout Cobb County.
Our Cobb County office is located in the Cumberland/Vinings area, just off I-285 — convenient to the Cobb County Courthouse in Marietta and to clients across Smyrna, Vinings, and Atlanta.
© 2026 Williamson Legal, P.C.. All rights reserved. Attorney advertising.
