As an experienced Atlanta criminal defense attorney, Mr. Bixon has helped clients beat numerous cases. When it comes to misdemeanor cases, Mr. Bixon can help you fight to win!
Mr. Bixon has handled numerous misdemeanor cases ranging from Disorderly Conduct to Sexual Battery in a number of counties throughout Georgia. Our results speak for themselves.
Navigating Misdemeanors in Georgia:
A Comprehensive Overview
While misdemeanors are considered less severe than felonies, they still carry significant consequences that can disrupt your life and leave a lasting mark on your record. In Georgia, understanding the intricacies of misdemeanor charges is crucial, whether you’re facing one yourself or simply seeking to be informed.
The Spectrum of Misdemeanors
Misdemeanors in Georgia encompass a wide range of offenses. In Georgia, even traffic infractions are technically considered misdemeanors. Many city citations, such as possession of marijuana less than an ounce, have misdemeanor counterparts. In these situations, law enforcement has the discretion to charge you with the citation or a misdemeanor.
Sentencing for Misdemeanors
The potential penalties vary depending on the specific charge and any applicable aggravating factors. OCGA § 17-10-3 holds that a misdemeanor generally is punished by a fine of less than $1,000 and/or imprisonment for 12 months or less. In contrast, per OCGA § 17-10-4, High and Aggravated Misdemeanors can be punished by a fine of up to $5,000. High and Aggravated Misdemeanors are often associated with violence, threats, or harm to vulnerable individuals and include:
- Terroristic Threats
- Criminal Trespass (Family Violence)
- Obstruction of a Law Enforcement Officer
Misdemeanors Generating a Felony Punishment
While the increased fine associated with a High and Aggravated Misdemeanor can be burdensome, more ominous is the increased loss of liberty that occurs when a misdemeanor becomes a felony. Any crime that is punishable for over 1 year is automatically classified as a felony. A misdemeanor can turn into a felony depending on the manner in which it was committed or the aftermath of its commission. For example, misdemeanor battery becomes felony aggravated battery if it causes any disfigurement, such as a scar. More notably, any misdemeanor whose commission causes the death of another automatically can add on a charge of involuntary homicide.
A misdemeanor can also be converted into a felony depending on the manner of its commission. This can include the number of times the offense was committed or case-specific factors. For example, Fleeing and Eluding generally is a high and aggravated misdemeanor, thus punishable by up to 1 year in prison and/or a fine of $5,000. However, upon a fourth or subsequent conviction, Fleeing and Eluding becomes a felony. Even if you have never even been charged with Fleeing and Eluding before, it can become a felony through a number of factors, including driving >20mph over the speed limit.
Navigating the Court System
The court in which your misdemeanor case is heard depends on the specific charge and its severity. Municipal courts primarily handle violations of city ordinances, such as traffic infractions or noise complaints. State courts have broader jurisdiction, handling most misdemeanor cases. Superior courts, while primarily focused on felony cases, can also hear misdemeanor cases that are connected to felony charges within the same case.
It’s important to understand the potential impact of the court in which your case is heard. Superior courts, with their focus on felonies, may be less inclined to offer lenient plea deals or alternative sentencing options compared to municipal or state courts. Additionally, there are some smaller counties in which there is no State Court. In these counties, misdemeanor cases are always heard in Superior Court even if there are no accompanying felonies.
Impactful Collateral Consequences
Beyond the immediate penalties of jail time and fines, misdemeanor convictions can have far-reaching consequences. They can affect your employment prospects, housing opportunities, and even your ability to obtain certain professional licenses. It’s crucial to recognize the potential long-term impact of a misdemeanor conviction and take proactive steps to protect your future.
CONTACT BIXON LAW TODAY
If you have been charged with a crime and need the best Atlanta Criminal Defense Attorney, give Bixon Law a call today to speak to one of our experienced Georgia Criminal Defense Lawyers. We will vigorously defend your criminal defense rights, and advocate on your behalf to have your criminal case dismissed or your charges reduced. As experienced trial attorneys, we are not afraid to take your case to trial if necessary. We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations, and we invite you to call us at (404) 551-5684 for a free consultation on your case today.