You may face a misdemeanor charge that does not seem like a big deal. Yet, the charge may have serious consequences down the line. By working with Macon misdemeanor lawyers, you can contest the charge now. Your Macon criminal defense lawyer may help you build an argument that shows the court that you do not deserve to be punished.
A misdemeanor is considered a “lesser” crime. It may be compared to a felony, which is much more serious. When someone is convicted of a misdemeanor, they may face penalties of up to one year in prison, a fine of up to $1,000, or both. You may also be subject to probation and be ordered to pay restitution.
Comparatively, if an individual is convicted of a felony, they may receive a jail sentence of 12 months or longer and other severe penalties. Once a person is convicted of a felony, they may be added to the Georgia Felon Search database. If someone looks up this individual, they may see that they have been convicted of a felony.
If a defendant is placed on misdemeanor probation, they may not have to go to jail or receive a fine. With probation, this individual may have to comply with certain rules relating to their punishment. They may have to comply with these rules for a set amount of time. Once the probationary term is complete, no further punishments may be levied.
Probation is typically put into effect for 12 months, but the time frame may vary based on the severity of the crime. If an individual violates their probation agreement, they may be put in jail.
If a person is required to pay restitution, they may have to compensate the victim of a crime. During sentencing, the court will determine how much a defendant may have to pay and how they will submit payments. Failure to make payments on time may result in further punishment.
Your lawyer can give you insights into probation and restitution and how they relate to your case. They may suggest negotiating a plea agreement in which you take advantage of either option. This may help you stay out of jail or avoid significant fines.
Certain crimes may be prosecuted as a misdemeanor or felony. These are referred to as “wobblers.” With these, you may receive a punishment that aligns with that of a misdemeanor or felony.
Examples of wobbler crimes in Georgia include:
A misdemeanor attorney in Macon may help you avoid felony charges. They may build an argument that shows the court your crime does not warrant a felony punishment. There are also instances where an attorney may negotiate a plea deal in which their client faces a misdemeanor charge instead of a felony.
You may believe that an infraction is the same thing as a misdemeanor or felony. However, an infraction does not fall into either category. Instead, it is considered less serious than both types of offenses.
If you are charged with an infraction, you may not be subject to jail time. This is considered a non-criminal act. Therefore, you may receive a citation or fine as a punishment.
For those who have concerns about different criminal charges, it may be best to get help from misdemeanor lawyers in Macon who have received many positive client reviews. Your attorney can explain the differences between misdemeanors, felonies, wobblers, and infractions. Along with this, your lawyer may provide examples of each type of crime and help you build your legal strategy accordingly.
There is no such thing as a one-size-fits-all misdemeanor. Examples of misdemeanors include:
If you are charged with these crimes or any others, it may be best to take the offense seriously. The prosecution is unlikely to drop the charge against you. Fortunately, you may work with a Macon misdemeanor attorney who puts your best interests front and center. Your lawyer may review your case and go over your legal options with you. They can also explain what happens in court.
The consequences of a misdemeanor depend on the crime and other factors. In Georgia, you may be charged with a Class A or Class B misdemeanor.
A Class A misdemeanor may come with a jail sentence that lasts up to one year and a fine totaling a maximum of $1,000. For example, you may be charged with battery, which falls into the Class A category. If you are convicted, you may be punished to the fullest extent of the law.
With a Class B misdemeanor, the penalties are less than those of a Class A conviction. If you are convicted of this type of misdemeanor, you may have to deal with a jail sentence of up to six months and a fine of up to $500. Crimes that fall into the Class B category include simple assault and shoplifting.
A misdemeanor lawyer in Macon will commit time and resources to contest your charge. They may look for evidence to help you prove you should not be convicted. Along with this, they may walk you through the legal process, ensuring you know what can happen as you argue your case.
If you are charged with a misdemeanor, you may have to attend an arraignment. Your lawyer can explain what is a misdemeanor or felony arraignment in Georgia. They will make sure you know what will happen during this initial court appearance.
At your arraignment, the court will explain your charge in detail. You may have the option to waive this reading and, instead, discuss your charge with your lawyer. Furthermore, the prosecutor in your case may share discovery material with your attorney. You may also enter a plea, and if you say you are “not guilty,” the judge may give you a new court date.
The next court date is commonly referred to as a “non-jury day.” This represents a day when your lawyer and the prosecution may negotiate the terms of a plea deal. If your attorney and the prosecutor can reach a plea agreement, you may be able to resolve your case without a trial. Otherwise, you may have to bring your case to trial.
You are legally entitled to demand a jury panel for a misdemeanor trial. It may take time before a jury is put together to review your case. Regardless, your lawyer works diligently on your behalf to help you prepare for your trial. They may continue to negotiate with the prosecutor in the hopes of getting a fair plea deal before a trial is required.
If your case goes to trial, your lawyer will advocate for you and protect your legal rights. In the best-case scenario, your attorney presents a clear argument as to why you should not be penalized. They may dispute any claims that the prosecution makes against you. This may lead the court to give you a favorable ruling.
When you have a legal team at your side, you may be able to avoid a conviction. This team may evaluate your case and explain your legal options to you. Team members may suggest a legal strategy that involves any of the following actions:
You may have concerns about how you can be prosecuted if the state has no evidence. Ultimately, the prosecutor in your case may do whatever they can to show you committed a crime and should be punished for it. On the other hand, your attorney may help you gather evidence to dispute the prosecutor’s claims.
For instance, your lawyer may use video footage to prove that someone else committed a crime. Or, they may present evidence that shows you acted in self-defense. In either of these scenarios and many others, your proof may be difficult to dispute. Thus, if you have a strong body of evidence, the prosecution may have no other choice than to drop the case against you.
You may have the opportunity to accept a plea deal relating to your misdemeanor. In this scenario, you may be able to agree to an infraction rather than a misdemeanor. This may allow you to get a citation or fine and avoid jail time.
If your lawyer believes it is in your best interests to pursue a plea deal, they will let you know. Just because this option is available does not guarantee that the prosecution will agree to it. With assistance from your attorney, you may be able to come to terms with a plea deal that lines up with your expectations and those of the prosecution. Plus, your pact may allow you to avoid a conviction that could show up on a background check.
A motion refers to a request to have the court do something on your behalf. Your attorney may submit a pre-trial motion to argue that your legal rights were violated at the time you were charged. If the motion is successful, evidence that the prosecution planned to use to support their argument against you may be excluded from your case. This may make it tough for the prosecutor to prove that you should be punished.
As an example, you may have been charged in spite of the fact that a cop did not read your rights to you. Your lawyer may argue that anything you said during your arrest cannot be used against you in your trial. This may prevent the prosecution from using your statements against you.
Your attorney will give your legal strategy the attention it deserves. They may help you craft a strategy that will resonate with the court. Your lawyer can also help you collect evidence to support this strategy.
You may be falsely accused of a crime and face a misdemeanor. If this happens, it may be beneficial to try to stay calm, cool, and collected. Here are things you can do to protect yourself in the aftermath of your charge:
You may not want to do anything since you may believe your charge will disappear on its own. This is not how the legal system works. If you do not contest the charge, you are accepting responsibility for it. Alternatively, you have the option to dispute the charge before it leads to a conviction. If you hire an attorney, you can get the help you need to show that you should not be convicted. Your lawyer may also discuss first-time offender pleas and other legal options with you.
There are times when an attorney may gather a wealth of evidence for your case. At other points, a lawyer may wait and see how the prosecution responds. The burden of proof falls on the prosecutor. Even though you may have proof to support your argument, the prosecution must compel the court to punish you. With your attorney’s assistance, you can craft a defense that may poke holes in the prosecutor’s argument. On top of that, your lawyer may help you avoid saying or doing things that could compromise your case. If the prosecutor may have limited proof and you do not provide them with anything they can use against you, it may be nearly impossible for them to prove you are guilty of a misdemeanor.
If there are people who can verify you were not present at the scene of a crime, you may call on them to serve as witnesses. Your lawyer can help you identify potential witnesses. These individuals may provide valuable testimony. They may further damage the prosecution’s case against you to the point where it hampers their ability to get a conviction.
You may believe your case is strong. Conversely, the prosecution may believe they have enough proof to convict you. By partnering with a lawyer, you can perform an in-depth assessment of your case. If the prosecution has built a compelling argument, your attorney will let you know. At this point, your attorney may work with you to find ways to dispute this argument. They may also prepare a plea deal that may allow you to agree to a lesser charge.
With an appropriate response to a misdemeanor, you may boost your chances of achieving a successful outcome. Of course, there are instances where an attorney crafts a compelling argument, but the client is still convicted of a misdemeanor. If this occurs, you may be able to appeal your conviction.
To appeal a conviction, your lawyer may first submit a motion for a new trial. This motion must be filed within 30 days of when you receive your original case decision. It may prompt the court to take another look at your case.
If your request for a new trial is denied, you may submit a notice of appeal. This allows you to bring your case to the Georgia Court of Appeals. This court will review transcripts and other court records relating to your case. Your attorney may provide a written brief and attend an oral hearing with you.
You may have your appeal denied by the appeals court. At this time, you may submit a petition for certiorari in which you ask the Supreme Court of Georgia to hear your case. This court has the right to reject your request.
You may believe an appeal is a long way to get your conviction dismissed. To be granted an appeal, you may have to prove any of the following:
Your lawyer may help you prove your case warrants an appeal. If your appeal is granted, your lawyer may work with you to show you deserve to have the charge against you reduced or dismissed.
Offering state-wide criminal defense representation in Georgia, J. Ryan Brown Law is here to assist you however we can. Our team may be able to work with you to contest your misdemeanor charge. We can also help you navigate the legal process and avoid challenges every step of the way. To schedule a free consultation, contact us today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
