Tuesday’s Legal Tidbit–Teen Charged Under the Designated Felony Act

Question: My teenager was arrested for aggravated battery and his lawyer keeps telling me that the State is charging him under the Designated Felony Act. What does that mean?

Answer: The Designated Felony Act (DFA) under Georgia State Code, Section O.C.G.A. 15-11-63, is the children between the ages of 13-17 may be charged with if they have committed a second offense for such charges of arson, kidnapping, aggravated battery, aggravated assault, arson in the second degree, robbery, armed robbery not involving a firearm, attempted murder or attempted kidnapping.

DFA refers to the type of custody the child will be restricted to in the event that they admit to the charges or if they are convicted of the offense. A child facing a DFA will be sentenced to a mandatory minimum of 12 months in restrictive custody and faces a maximum of 60 months.

The term “restrictive custody” means that the child is monitored under intense supervision. The child will not be allowed to have any outside visitors for the first 6 months of that restrictive custody absent any emergency or medical needs.

Therefore, a child being pursued under the DFA statute is facing serious time in custody and should engage an attorney to defend them.

Please call The Boddie Law Group, LLC at 404-287-2393 if your child needs legal representation for an offense under the Designated Felony Act or if you just have more questions about the DFA.


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