Criminal Defenses

In Georgia, a misdemeanor criminal case is a charge that carries a maximum criminal sentence of:

• one year of incarceration in jail and 

• a fine of $1,000. 

Criminal Defendants are often allowed to serve their sentence on probation depending on their criminal record, but their probation will often have additional conditions, including community service, drug and alcohol testing, or family violence intervention classes.

Misdemeanor cases include a significant number of criminal offenses ranging from Family Violence Battery to DUI to shoplifting and forgery (writing bad checks).  While misdemeanors carry less severe penalties than felony charges, misdemeanor convictions in Georgia can still remain on a persons criminal record for the rest of his/her life.  A criminal record can possibly affect a persons ability to obtain future employment, pass a background check, possess a firearm, or even to vote. As a result, it is important anyone facing a criminal offense to call an experienced criminal lawyer as soon as possible to discuss their case and begin building a defense.

FELONY CHARGES

In Georgia, a felony criminal case is a charge that is punishable by:

• Imprisonment for more than a year and

• A fine of more than $1,000.

Some common felonies include possession of drugs (cocaine, methamphetamine), forgery, aggravated assault, aggravated battery, arson, robbery, and insurance fraud.

Differences Between a Misdemeanor and Felony

Other than the severity of the punishment, misdemeanor cases and felony cases have several key differences. Misdemeanor cases tend to progress through the court system quicker and are over sooner than felony cases.  

Georgia felony cases are typically in the Superior Court of the county in which the criminal offense was committed.  In felony trials, a person has a right to a jury trial before a twelve-person jury.

In misdemeanor cases, the person has a right to have a jury trial in front of a six-person jury. Misdemeanor cases may be in Superior Court depending on the county.  Typically, in metro-Atlanta, misdemeanors are in either municipal (city courts) or State Court. If your case is in a municipal court and you want a jury trial, a lawyer can make a demand for the case to be transferred to State Court for a jury trial.

Fighting Your Misdemeanor Criminal Charge

Most misdemeanor offenses in Georgia can be served on probation and a person typically does not face jail time on a first offense. Certain charges, such as DUI, require a mandatory minimum of 24 hours in jail, but courts usually say the time spent in jail following the arrest is sufficient to satisfy that requirement.

Probation for typical misdemeanor offenses such as less than an ounce of marijuana, DUI, and  family violence battery will often have additional requirements during probation. Conditions of probation may include random drug and alcohol testing, DUI School, Defensive Driving, and Anger Management or Domestic Violence classes.

When a person on probation gets into new trouble, even very minor trouble, they go back in front of the judge who has them on probation and the judge can revoke their probation and convert the probation to jail time.  When a person has multiple misdemeanor offenses on his or her records it can cause penalties to become more severe. It can be very important to fight certain misdemeanor charges to attempt to prevent them from going onto your criminal record.

Marijuana Possession, Minor in Possession of Alcohol and Conditional Discharge

Although marijuana is legal in other states, possession of marijuana less than one ounce is still a misdemeanor in Georgia.  The first time a person is convicted for possession of less than an ounce of marijuana, it no longer goes on their criminal history when using a conditional discharge. The conviction will not be found in background checks by employers. It is important to speak with one of our attorneys about your options and whether you are eligible for a conditional discharge of your misdemeanor marijuana charge. Convictions can still have consequences and one of our attorneys may be able to negotiate the result of a person’s case without a conviction and without the need for the person to check the box “Yes, I have been convicted of a crime” and have to explain it.

The Conditional Discharge program is a legal process that can only be used once and it can only be used for drug-related crimes in addition to Marijuana. Under Georgia law, whenever a person who has not previously been convicted of any offense relating to a narcotic drug, marijuana, stimulant, depressant or hallucinogenic drug and who pleads guilty or is found guilty of possession of such drugs may be placed on probation at the Court’s discretion. The Court may also require the person to undergo a rehabilitation program. The goal of programs such as the Conditional Discharge program is to provide an alternative option to sentencing and sending a first-time offender directly to jail. And, to help prevent first-time offenders from having a conviction on their criminal history record, which can have a devastating impact on a person’s future.  

Conditional discharge is may also be available to minors that have been cited or arrested for possessing alcohol.  Possession of Alcohol by a Minor or Under Age Possession or Consumption is a common offense in metro-Atlanta. One of our attorneys can help determine if you are eligible for a conditional discharge of your possession of marijuana or minor in possession of alcohol charge.

First Offender Treatment

Under the Georgia First Offender Act, a defendant, at the time of entering a guilty or Nolo plea, can request that the judge sentence the defendant to First Offender treatment.  If the judge agrees to allow First Offender, then after the defendant completes the terms and conditions of the sentence, the defendant’s conviction is discharged and is deemed to not have a criminal conviction.  A primary benefit of the Georgia First Offender Act is that the defendant can honestly state they have not been convicted of a crime.

First Offender does not mean that the incident is wiped away or expunged, but it does mean that it should not appear as a conviction on the defendant’s criminal history.  However, law enforcement and prosecutors still have access to Georgia First Offender information and it can be used in any future proceedings. It may also still prevent a person from obtaining a job in law enforcement, FBI, or civilian contractors needing high level government clearance.  Additionally, the record may be available through other sources such as records at the courthouse, criminal justice agency website and third party vendors.

A criminal defendant taking advantage of the Georgia First Offender Act must be aware that any violation of the terms and conditions of the sentence can result in a re-sentencing of the defendant up to the maximum sentence.  The person must be careful not to commit any new offense while on probation. Also important is that certain jobs such as teaching, child care, elder care are exempt when the defendant is charged with certain violent, sexual or abuse charges.  Georgia First Offender may not be used for certain violent, sexual and abuse charges.

First Offender can only be used once.  However, in some cases, a judge will allow a person with a criminal record of misdemeanors to plea under First Offender if they have not previously used it.  First Offender can be used either for a misdemeanor or a felony, but not one of each.