Criminal Defense in Atlanta

Misdemeanors vs Felony Charges in Georgia

Felony offenses in Georgia are the state’s most serious crimes, often leading to the government asking for years in prison or on probation. Crimes like murder, rape, and drug trafficking fall under the most serious offenses in this category. The law differentiates felonies by severity, with variable penalties.

Misdemeanors are less severe than felonies and result in maximum penalties of up to one year in jail, smaller fines, or probation. These include minor theft, simple battery, minor drug offenses, and DUI and other traffic charges. Georgia’s legal framework distinctly classifies crimes, with sentencing guidelines based on the crime’s nature and the offender’s history.

But ‘Wobbler Laws’ Can Go Either Way

Georgia’s laws also contain ‘wobbler laws’ that provide judicial flexibility, allowing certain offenses to be prosecuted as either misdemeanors or felonies based on the case’s specifics. A case that is tried as a misdemeanor might receive a more serious sentence. And vice versa, some felony charges in Georgia could be punished less harshly. This approach enables a flexible response to crimes including:

• DUI
• Identity fraud
• Forgery
• Trespassing
• Vandalism
• Stalking

DUIs can be either misdemeanors or felonies. A set of factors can result in a prosector to charge a DUI as a felony in Georgia include situations where there are injuries, child endangerment, or habitual violations.

Should you get an attorney to help with your misdemeanor or felony criminal charge?

Every Judge in Georgia will tell you to have an attorney represent you on these charges. Dealing with the legal matters is daunting; it could have lifelong repercussions. A criminal record, irrespective of age, can disrupt various aspects of life, from driving privileges to educational pursuits, impacting college admissions, financial aid eligibility, insurance rates, housing options, credit standing, and future job prospects. The consequences of a felony conviction are even more severe, potentially leading to extended periods of incarceration and the loss of fundamental rights such as voting and firearm ownership.

What are the process steps and decisions in a criminal case?

Criminal defenses are unique because people’s circumstances and needs are unique. Some individuals have had prior encounters with law enforcement or have been on probation. Some individuals wish to mitigate punishments, hoping to avoid spending time in jail or on probation, while others are attempting to lessen financial fines, and still others may be focused on long-term implications of having the charge on their record.

Step 1: Encounter with Police

All criminal charges will follow from a law enforcement encounter, either during or just after alleged misconduct (such as for a traffic infraction) or days, weeks or months later (for example if the police are investigating a parked car being struck in someone’s neighborhood). While individuals do have rights during a police encounter, they don’t always exercise them.

Step 2: Ticket / Charge / Arrest

The police officer or law enforcement officer will give the offender a citation/ticket. In more serious criminal cases, a person can be arrested. Whether an individual is arrested or not, the ticket serves as the first step in an official charge. Criminal prosecutions are controlled by the prosecutor — not the police department, even when the officer files the initial charges.

Step 3: Release / Bond

Step 4: Court appearances

Step 5: Negotiation

We work on your behalf.

We are investigating the facts of the case – things that are true / aren’t true / are unknown.  And also identifying procedural problems in the government’s case.

We keep you in the loop.

Step 6: Trial / Plea to a lesser charge / Dismissal

Lots of things can happen at this step. But it all depends on our client’s needs and our expert navigation of the choices available.

Step 7: Close the case

We’ll help you put a criminal charge in Georgia in the rearview mirror. When a case closes, we’ll assist you to finish strong, navigating any final matters including license issues or other paperwork.