Criminal charges should always be taken seriously, even if the offense in question is considered a misdemeanor. Depending on the circumstances of your case, the district attorney may have every intention of prosecuting you to the fullest extent of the law. If convicted, the penalties could have a catastrophic impact on your life. Fortunately, with the legal support and experience of our trial-proven Palmetto misdemeanor lawyers from J. Ryan Brown Law, you have an opportunity to clear your name of allegations against you.
After taking on your case, we will conduct an intensive investigation so we can build a powerful defense strategy and present evidence that introduces reasonable doubt in the minds of the judge and jury. This way, the criminal justice system will have no other choice but to return a not-guilty verdict. Contact a Palmetto criminal defense attorney at our office today to potential defense strategies during a confidential consultation.
Although you may have thought misdemeanor crimes were minor offenses, the impact of a conviction could be far more significant than you realized. For this reason, having a reputable misdemeanor lawyer from J. Ryan Brown Law by your side could be the best way to safeguard your future. It is important to understand the type of charges you are facing and gain insight into the potential penalties.
There are two primary types of misdemeanors in Georgia. There are standard misdemeanors and misdemeanors of a high and aggravated nature.
Traditional misdemeanor charges are generally classified as low-level offenses. Some examples of standard misdemeanor crimes include:
Most standard misdemeanors are punishable by a fine of up to $1,000 and a maximum 12 months jail term. Some misdemeanor offenses also have mandatory minimum sentences, particularly if you have a prior misdemeanor conviction on your record. For example, if you are convicted of a second battery crime, you could face a mandatory minimum sentence of 10 days in jail.
Certain types of misdemeanor crimes that could be classified as hate crimes also carry six-month mandatory minimum jail terms if the defendant was targeted based on their:
Some types of misdemeanors may start as standard misdemeanors and be elevated to a misdemeanor of a high and aggravated nature. This is true if one or more of the following apply to your case:
An alleged victim could be considered protected or vulnerable if they are:
For example, if you are initially accused of committing simple assault, this would be considered a standard misdemeanor. However, the charges against you could be elevated to a misdemeanor of a high and aggravated nature if you had a previous battery conviction on your record or the alleged victim was pregnant at the time of the incident. If you are found guilty of a misdemeanor of a high and aggravated nature, you could spend up to 12 months in jail and be ordered to pay fines up to $5,000.
It is also possible your misdemeanor charges could be increased to the felony level. If aggravating factors are present, such as a child being involved or a deadly weapon being used in the commission of the misdemeanor offense, the prosecutor could elevate your charges to a felony. Misdemeanors can also be prosecuted with enhanced felony penalties if you are a repeat offender.
For instance, if you have multiple refund fraud convictions under Georgia Code § 16-8-14.1 on your record, a third offense could carry enhanced felony penalties, such as a mandatory minimum of one year in prison, a maximum of 10 years in a Georgia state prison facility, and court fines.
When you are charged with a misdemeanor offense, you do not need to accept a guilty plea. While you have the right to defend yourself at trial, it may not need to come to that if we can work with the district attorney to get you enrolled in pretrial diversion or agree to alternative sentencing.
Pretrial diversion may be an option if you are a first-time, non-violent offender under Georgia Code 15-18-80. The prosecutor may agree to admit you to a pretrial diversion program if you meet specific conditions. Examples of the program requirements could include:
If you complete the requirements of your pretrial diversion program, the charges against you could be dismissed. Alternatively, the prosecutor could agree to reduce your charges to a less serious crime. However, if you do not meet the terms of your pretrial diversion program, the district attorney will likely proceed with your original misdemeanor charges.
We may also be able to avoid more serious criminal penalties by taking advantage of alternative sentencing options. Generally, these are available if you are dealing with some type of mental health or addiction issues that played a part in the crime in question. For example, we may be able to address your issues in accountability court. Here, you may be able to avoid jail time by working with a team of professionals to address your addiction or mental health problems.
If you are not eligible for accountability court, you may be able to secure a conditional discharge or first-time offender status under O.C.G.A. § 42-8-60. Here, instead of issuing a conviction, the judge can put you on probation and temporarily suspend your proceedings. If you complete the terms of your probation, the judge will often dismiss your case altogether.
If you are convicted of a misdemeanor offense, such as drunk driving or domestic violence, the consequences will vary depending on the specific details of your case. You can expect more severe penalties if you are a habitual offender, the alleged victim in your case was seriously injured, or the value of damaged or stolen property or services is worth more than $500. Some potential criminal penalties that come with a misdemeanor conviction include:
These are just a few of the potential consequences that can come with a misdemeanor conviction. If you are placed on probation, you may be able to avoid additional time behind bars. However, if you fail to meet your probation requirements, your probation officer can revoke your probation and have you sent back to jail to serve out the rest of your sentence.
Criminal charges can leave you feeling confused and worried about what the future may bring. When you need answers, review this comprehensive misdemeanor FAQ to get the peace of mind you need. You may have additional questions specific to the details of your case. Do not hesitate to contact our legal team and schedule a confidential consultation so you can get answers.
It depends on the type of misdemeanor you are charged with or convicted of. First, it is important to know that if you were arrested and charged with a crime, but these charges were ultimately dismissed, you may qualify for an expungement under SB 228.
If you are convicted of a misdemeanor as a first-time offender, once the waiting period has passed, you could be eligible for expunction or restriction. Record restriction is similar to expungement, except restricted records are not effectively erased, they are simply hidden from public view on your background check.
Because you don’t want to say something that could be self-incriminating. It is the investigator’s job to get you to talk. When you are in police custody and being questioned, law enforcement officials are attempting to gather as much information and evidence as they can to find out what happened and prove that you are guilty of the offense.
While investigators may be friendly and act as though they are on your side, the truth of the matter is that anything you say to the police can and will be used against you. For this reason, even if you are completely innocent, you should never give a statement to the police without your criminal defense attorney present. You are protected from self-incrimination under the Fifth Amendment, so take advantage of it and protect your future.
Pleading guilty is rarely in a defendant’s best interests. You should never plead guilty to a criminal offense unless you have consulted with your misdemeanor attorney first. A guilty plea means you are accepting the penalties associated with a conviction. Even if you committed the crime in question, you have the right to defend yourself.
If you challenge the charges against you, You may be able to avoid the harsh consequences of a guilty verdict. We may be able to work out a plea agreement with the district attorney. In exchange for completing certain requirements, we could convince the prosecutor to dismiss the case against you or agree to reduce your charges to a less serious offense if you plead guilty.
The term “beyond a reasonable doubt” refers to the burden of proof needed to obtain a conviction in Georgia criminal courts. Under Georgia Code § 24-14-5, the prosecutor must prove your guilt beyond a reasonable doubt. Otherwise, the jury should find you not guilty of the charges against you. If there is any reasonable doubt in the mind of the judge or jury, you should not be convicted.
For this reason, it is up to your misdemeanor lawyer from J. Ryan Brown Law to introduce that reasonable doubt. If we can show that someone else may have committed the crime, there was no way you could have committed the crime, or law enforcement officials or prosecutors mishandled evidence in your case, we may be able to cast the doubt needed to secure an acquittal.
Yes, Georgia prosecutors have up to two years from the date of the criminal offense to initiate criminal charges against you under Georgia Code § 17-3-1(d). If the district attorney does not file charges against you before the statute of limitations runs out and charges are brought after this deadline, they should be dismissed, as these charges are no longer considered valid.
The statute of limitations for felony charges in Georgia will vary depending on the type of crime. Most felonies have a seven-year statute of limitations. However, certain types of crimes have no statute of limitations, including murder or armed robbery.
If you are charged with a misdemeanor, bail is almost certainly a possibility. The judge understands how overcrowded the jails and prisons across Georgia are, so granting bail can free up that space for other, more serious criminals. Misdemeanor crimes are almost universally recognized as being less serious than felony offenses. If you are not a threat to yourself or the community, and the judge has no reason to believe that you will not appear at your next court date, you could be granted bail or even released on your own recognizance (ROR).
If you are granted bail during your arraignment hearing, you will need to post your bond with a bail bondsman or have your family or friends do so on your behalf to secure your release. You must appear at your next court hearing. Otherwise, your bail may be revoked, and an arrest warrant may be issued against you.
There are several differences between misdemeanors and felonies. Typically, misdemeanor offenses are less serious, while felony classifications are reserved for the most serious crimes. For this reason, misdemeanors will generally involve damage to public property, disorderly conduct, or several other types of non-violent crimes.
Conversely, if anyone is injured or killed during the commission of a crime, the charges will almost always be prosecuted at the felony level. For example, robbery, murder, kidnapping, and rape are all tried as felonies. While there may be many differences between misdemeanors and felonies, both types of convictions could remain on your criminal record indefinitely, which will likely impact your ability to live your life normally post-conviction.
The criminal justice system is extremely complicated. It is never in your best interests to navigate the defense process alone. Having a highly skilled criminal defense attorney handling your case should be a top priority. If you cannot afford a lawyer, one will be appointed to you by the Georgia criminal courts. Working with a public defender is better than representing yourself at trial, but if you want the strongest defense strategy possible, it may be wise to invest in a top-rated misdemeanor attorney in Palmetto.
You may not be taking your misdemeanor charges seriously, but the fallout could impact virtually every aspect of your life if you are found guilty. The right criminal defense attorney will be able to secure the most favorable outcome possible based on the circumstances of your case. The prosecutor may also be more willing to work out a bargain or allow you to enter a pretrial diversion program if you have a respected defense lawyer handling your case.
If you do not qualify for pretrial diversion, you are going to want a legal advocate on your side who has considerable experience handling cases similar to yours. That way, you are taking the best possible approach to your defense strategy. You need a powerful criminal defense lawyer on your side who is not afraid to stand up in court before a judge and jury to advocate for your freedom.
Misdemeanor charges may not be as serious as felonies, but that does not mean a conviction will not have a devastating impact on your life for the foreseeable future. You have the right to defend yourself when you are accused of committing a criminal offense. Do not let this opportunity to clear your name pass you by.
Consult a leading Palmetto misdemeanor lawyer from J. Ryan Brown Law to further discuss potential defense strategies and learn more about the possible penalties you could be facing. Our firm offers confidential consultations to the accused. Claim yours by completing our secured contact form or calling our office to schedule your defense strategy session as soon as today.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
