In the criminal justice system, crimes are divided into two main categories. Felonies are more serious crimes that cause significant property damage and physical harm to others. Misdemeanors are less consequential crimes than felonies but are still considered criminal charges that result in penalties such as fines, victim reimbursement, and even jail time.
Though considered lesser crimes, misdemeanor convictions can still cause lifelong consequences like the loss of the right to possess firearms in some cases that may be reduced or avoided with the help of our experienced Carrollton misdemeanor lawyers. At J. Ryan Brown Law, LLC, we represent clients who have been accused of all types of criminal offenses. When your freedom is on the line, you need a Carrollton criminal defense lawyer team that will treat you with respect and dignity so we can work towards the best possible outcome.
While felony charges such as murder or aggravated battery can result in decades or even a life of incarceration, misdemeanor convictions can still result in significant time in jail. Some crimes are considered wobbler crimes and can be charged as either a misdemeanor or a felony depending on the factual circumstances of the case. .
The punishments of a misdemeanor conviction will be based on factors such as intent, the amount of property involved, or the degree of injury caused to victims. The police, prosecution, and the judge presiding over your case may all have input into whether the accusations against you are classified as misdemeanors or felonies based on the specific circumstances of your case.
Generally speaking, a misdemeanor is any crime that is not a felony, according to O.C.G.A. § 16-1-3. These crimes are generally less injurious to the victim, whether they be bodily or financial, or minor crimes against the state. This may also apply if you are a first-time offender. Some examples of common misdemeanors we challenge include:
DUI charges are generally tried at the misdemeanor level under GA Code § 40-6-391. If this is your first DUI offense, you could expect to spend up to 24 hours in jail, have your driver’s license suspended, be placed on probation for up to one year, and pay fines of up to $1,000. However, if you are convicted of a third DUI over a 10-year period, you could be fined up to $5,000 and spend a minimum of 15 days in jail.
The consequences for a shoplifting offense will vary depending on the value of the goods or services that were stolen. Under Georgia Code § 16-8-14, if this is your first offense and the property is valued at $500 or less, you could spend up to one year in jail and be fined up to $1,000. However, if the property was worth more than $500, your shoplifting charges will be tried at the felony level. If convicted, you could spend up to 10 years in jail.
Under GA Code § 16-5-20, a first-time assault charge is treated as a misdemeanor. You could pay fines of up to $1,000 and spend up to one year in jail. Penalties could be escalated if the crime is committed on a public transportation vehicle or against:
Under Georgia Code 16-7-21, if you are accused of vandalism or other property crimes, and the property damage is less than $500, you could be charged with criminal trespass. If convicted, you could be fined and spend up to one year in jail. However, if your charges are elevated to a second-degree felony, due to the property damage being valued at more than $500, you could spend up to five years in prison and be fined.
When crimes occur, the judicial system must take all the circumstances surrounding the crime into account. Usually, if the accused individual intended to cause harm to a victim or planned to commit a crime, felony charges may be appropriate. However, under Georgia’s wobbler offense law, O.C.G.A. 17-10-5, felony convictions that carry punishments of 10 years of incarceration or less can be reduced to have the penalty of a misdemeanor imposed.
Regardless of the particular crime you have been accused of, your attorney with J. Ryan Brown Law, LLC will work tirelessly to take advantage of this law to reduce your overall penalties. While you will still carry the stigma of a felony conviction, your incarceration can be minimized to the misdemeanor level. Some of the criminal offenses that can be classified as wobbler crimes include:
We will pursue every avenue of opportunity to avoid a felony conviction, but if that is not possible with your case, we will use the wobbler offense law to your advantage. Your criminal defense attorney will be your knowledgeable advocate in the legal system and guide you through the entire criminal process.
It may surprise you to learn that for many misdemeanor charges, you will not be at risk for jail time. In fact, many judges are willing to sentence misdemeanor convictions to probation alone, particularly if this is your first offense.
There are two primary types of misdemeanor charges. Those that are not violent and cause little to no damage, and those that are more serious or potentially violent. For standard misdemeanor convictions, punishments typically include:
For more serious misdemeanor convictions, the punishments can vary. these cases are called high and aggravated misdemeanors and typical penalties in cases like these could include fines not to exceed $5,000 and a 12-month sentence. Whether you are sentenced to time in jail or probation will depend on the individual details of your case.
If you were originally placed on probation but failed to uphold the terms of your probation, you could be cited for a probation violation under Georgia Code 42-8-38. If this happens, the judge can convert your probation to time in jail. For example, if you were originally convicted of a DUI and placed on probation but failed your required drug or alcohol test with your probation officer after three months, your probation officer could report your violation to the court. If your probation was supposed to last 12 months, you could expect to spend the next nine months in jail.
While the criminal penalties you face could be life-changing, the collateral consequences after a misdemeanor conviction will continue to haunt you. If you hoped to put the trauma of your arrest and conviction behind you, you may be hard-pressed to do so when you continue to be reminded of your arrest and the criminal charges against you. Your conviction will remain on your background check indefinitely unless you secure an expungement. This means your arrest history, conviction, and the type of crime you were accused of will remain on your record when you are applying for housing, student aid, government financial support, or a job.
With a criminal conviction on your record, even if it was “just a misdemeanor,” it may be far more difficult to secure gainful employment. When presented with the option of choosing two equally qualified candidates, but one has a misdemeanor conviction on their record, employers may be more likely to choose the individual who has not been through the criminal justice system. If you already had a job when you were convicted, you may be terminated or demoted, depending on the type of crime you were accused of committing. In some instances, individuals have had their professional licenses suspended or revoked, making it impossible for them to continue to earn a living until their licenses are reinstated, if ever.
Your misdemeanor conviction will affect more than your work life. If you were convicted of any type of misdemeanor that could have endangered your child in any way, you may find yourself facing an uphill battle in family court. If your child’s other parent considers you a threat to your child’s safety or well-being, they may be able to petition a court to modify your existing child custody arrangement or strip you of your visitation rights.
If you are a foreign national in the United States on a visa, you may find yourself at risk for citizenship or immigration issues. Any type of misdemeanor conviction could lead to problems with the U.S. Immigration and Customs Enforcement (ICE), which could result in you being taken into custody and deported. These are just a few examples of collateral consequences that you could face if you have a misdemeanor conviction on your record. The best way to protect your future is to clear your name of the charges against you. Your committed misdemeanor attorney from J. Ryan Brown Law, LLC will work tirelessly to secure the most favorable outcome possible based on the evidence at hand and the circumstances of your case.
It is not unusual for the accused to wonder whether they should just plead guilty to the charges against them. After all, if you plead guilty, you will be sentenced, complete your sentence, and be able to move forward with your life, right? However, the fallout of a misdemeanor conviction on your record is not something you want to deal with for years to come. For this reason, it is almost always in your best interests to work with a highly experienced misdemeanor attorney who can help you challenge the charges against you.
You do not necessarily need to go to court to defend yourself against misdemeanor allegations. If you are accused of a misdemeanor, you may be eligible for pretrial diversion. A pretrial diversion program gives you an opportunity to focus on rehabilitation as opposed to punishment under Georgia Code 15-18-80. There will be specific criteria you need to meet once you enroll in a pretrial diversion program, such as:
Generally, pretrial diversion is only available to individuals who are first-time offenders and those who commit nonviolent crimes. If you do not meet the eligibility requirements for pretrial diversion, you may need to defend your case at trial.
Your defense strategy should be tailored to the type of crime you are accused of committing. Our misdemeanor attorneys with J. Ryan Brown Law, LLC will carefully review the state’s case against you during discovery to determine which defense is most likely to get you back to your family and avoid a conviction. Some potential strategies could include:
Your misdemeanor charges will typically be heard in Carroll County State Court or Carrollton Municipal Court. These Courts are located at:
Carrollton Municipal Court
However, even if your case starts in municipal court, if your case requires a jury trial, it will be heard at the county level. this means your case would be tried in Carroll County State Court located at:
Carroll County State Court
All misdemeanor charges will be eligible for bail. Shortly after you arrested you will receive a first appearance in front of a magistrate judge. At this first appearance the judge will determine whether bail should be granted. In all misdemeanor cases, bail is required to be set. The exact amount of your bail will be based on a number of factors, including:
Your criminal defense attorney may even be able to get you released on your own recognizance (ROR). You will not have to pay bail or post-bond to secure your release if the judge grants you ROR.
In Georgia, you may be able to get your arrest record restricted and sealed, also commonly known as expunged. Under SB 228, your expungement eligibility will depend on the type of conviction on your record. Most misdemeanors are eligible for expungement after the waiting period has passed. Under Georgia law, eligible misdemeanor convictions can be restricted and sealed once four years have passed from the date of your conviction. You can expunge up to two misdemeanor convictions.
If your misdemeanor lawyer is not present, you should not say anything to investigators or law enforcement officials. Anything you say to the police can and will be used against you to obtain a conviction. For this reason, you should always exercise your right to remain silent under the Fifth Amendment and have an attorney present during questioning.
With your criminal defense attorney present, we can advise you whether you should answer or decline to answer specific questions. You never want to risk saying something that police could ultimately use to convict you. Instead, inform the police that you are going to be exercising your right to remain silent until your lawyer is present. Do not simply say nothing or resist arrest. This could lead to additional criminal charges under Georgia Code 16-10-24.
Certain types of misdemeanor charges can be elevated to the felony level depending on the specific details of your case. For example, if you are charged with a DUI, the charges against you may be classified as a misdemeanor. However, if anyone was seriously injured or killed in a drunk driving accident caused by your impairment, charges could be elevated to a vehicular homicide. If your misdemeanor charges are elevated to the felony level, you could face additional criminal penalties, including higher fines and additional time in jail or prison. Courts could also require additional bail in the event charges are upgraded from a misdemeanor to a felony by a prosecutor’s office or grand jury.
Having a high-powered Carrollton misdemeanor lawyer defend your rights when you are accused of committing a crime could be your best option when you are facing serious consequences and legal penalties. In many cases, misdemeanor charges could be reduced to infractions or even dismissed altogether.
A misdemeanor charge should not be taken lightly when your future is in jeopardy. Though misdemeanors may seem like a minor offense, the full impact of your charges may be felt for the rest of your life. Take steps to secure a brighter future when you consult J. Ryan Brown Law, LLC, to discuss potential defense strategies. Schedule your confidential consultation as soon as today by completing our convenient contact form or calling our office to get started.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
