A misdemeanor, although less severe than a felony, carries different penalties and has impacts that last long after conviction. So, it is important you have an experienced criminal defense attorney to fight on your behalf.
What is a misdemeanor punishment in Georgia?
Under O.C.G.A. § 17-10-3, a misdemeanor can be punished by any of the following:
- By a fine of no more than $1,000.00;
- By confinement in a county or city jail for no more than 12 months;
- Or both.
However, if an incarcerated person committed the crime within a jail or prison, they can be punished by confinement in a state correctional institution for no more than 12 months.
What about traffic offenses?
Misdemeanor traffic offenses can be punished by a fine, confinement, or both. However, misdemeanor traffic offenses can also be punished by:
- Reexamination by the Department of Driver Services if the judge has good cause to believe that the convicted licensed driver is incompetent or otherwise not qualified to be licensed;
- Satisfactory completion of a defensive driving course or defensive driving program approved by the Department of Driver Services; or
- Probation. The probation conditions may include driving with no further motor vehicle violations during a specified time; reporting periodically to the court or a specified agency; and performing, or refraining from performing, certain acts that the judge orders.
High and aggravated misdemeanors
A misdemeanor of a high and aggravated nature usually happens when a person has committed the same offense multiple times. Some offenses that can be charged as a misdemeanor of a high and aggravated nature include, but are not limited to:
- Aggressive driving
- Third DUI
- Fleeing or attempting to elude a police officer
A person who is convicted of a misdemeanor of a high and aggravated nature can be punished by:
- A fine of no more than $5,000.00;
- By confinement in the county or city jail for no more than 12 months;
- Or both.
However, if an incarcerated person committed the crime within a jail or prison, they can be punished by confinement in a state correctional institution for no more than 12 months.
What are the effects of a misdemeanor?
Although misdemeanors are considered less serious than felonies, misdemeanors can have long-lasting impacts. Penalties can include jail time, community service, the loss of your right to possess a firearm, loss of federal financial aid for education, house arrest, drug and alcohol counseling, restitution paid to the victim, and loss of driving privileges.
In addition, a misdemeanor conviction would mean you would have a permanent criminal record. A permanent criminal record can result in difficulties finding employment, losing your job, not receiving promotions at your place of employment, and can affect your access to higher education. In some circumstances, if you are serving a year-long sentence and are a single parent, your child may become a ward of the state while you are incarcerated.
Can I seal my misdemeanor conviction?
You can seal your misdemeanor conviction by petitioning to restrict your records (I can help with this!). You can only do this with permission from your prosecutor and after you have completed your sentence. However, your record will still be visible to law enforcement and criminal legal officials. So, it is essential that you fight the misdemeanor charges in the beginning with the help of an experienced criminal defense attorney.
What can an attorney do for me if I’m charged with a misdemeanor?
An experienced and qualified criminal defense attorney will ensure that the judge knows about your community ties and responsibilities before sentencing you to jail time, fines, or both. This ensures that the judge makes an informed decision when considering what sentence to impose.
A criminal defense attorney can also argue that, based on the facts of your case, you should not receive the maximum misdemeanor punishment.
Have questions? Give me a call.
It is important that you have a passionate criminal defense attorney to advocate on your behalf if you are charged with a misdemeanor. I have decades of criminal law experience representing people accused of both misdemeanors and felonies. I will advocate on your behalf at each stage of your case to make sure we reach the best resolution. If you need a criminal defense attorney or have legal questions, give me a call today!
