Misdemeanor offenses may be less serious than other criminal charges in Georgia, but they can still have a significant and negative impact on your life. Penalties can include fines and jail time, along with other harm to your personal life.
Counsel from an experienced DeKalb County misdemeanor lawyer could be useful in defending against wrongful charges and minimizing the impact a case has on your future. Learn more about how charges for misdemeanor offenses work under Georgia’s Criminal Code and schedule a consultation with an experienced defense attorney from our firm today.
The Difference Between a Misdemeanor and Felony Offense
Misdemeanors are lesser, non-felony offenses for the commission of crimes that violate Georgia’s penal code. Charges that classify as a misdemeanor in DeKalb County can vary from certain traffic violations to other offenses, including simple assault and battery. Unless the statutory sentencing for a crime states otherwise, misdemeanors are generally punished through the following under Georgia Code § 17-10-3:
- A fine of up to $1,000
- Imprisonment of up to 12 months
- Confinement to a state probation detention center for up to 12 months
Additional suspensions or probations may also apply to a defendant after serving these punishments following a conviction based on the court’s discretion. The possible fine for a misdemeanor of a high and aggravated nature also increases up to a maximum of $5,000. In comparison, felony offenses often carry higher fines and imprisonment terms that are multiple years long, if not punishable by life in prison or the death penalty.
Judges often have significant discretion in determining the sentence for a person convicted of a misdemeanor crime. An experienced DeKalb County misdemeanor attorney could assist clients in these situations by explaining circumstances that may warrant a lesser sentence. For example, a lawyer can advocate a client’s contrition in a case or provide details about a client’s life that showcase their rehabilitation potential. Judges have the discretion under Code Section 17-10-3 to allow defendants to serve sentences that are six months or less on weekends or during non-working hours.
Issues That Could Elevate a Charge from a Misdemeanor to a Felony
A criminal defense lawyer in DeKalb County could also aid a client in cases that border between misdemeanor or felony offenses. Several issues could open a door for a prosecutor to elevate a misdemeanor offense as a felony. Common examples of charges that could increase to a felony based on the circumstances include assault and battery cases that involve a dangerous weapon or drug possession with a possible intent to distribute. A defendant’s prior criminal record may also influence the nature of a charge. For example, a fourth intoxicated driving charge within a ten-year period is a felony offense compared to prior offenses.
Consult with a DeKalb County Misdemeanor Attorney Today
If you have concerns about a misdemeanor charge, the attorneys at Robert James can help. Our experienced DeKalb County misdemeanor lawyer could represent you through trial and assert your legal rights in the criminal defense process. Schedule a consultation with our office today.
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