Can a Misdemeanor Become a Felony?
Yes. A misdemeanor can become a felony, depending on the specific facts of your case. Crimes are generally categorized as misdemeanors and felonies in Georgia and other states. Many people know that misdemeanor offenses are less serious than felony offenses and come with less severe penalties. On the other hand, not everyone knows that a misdemeanor charge can become a felony charge.
How Does a Misdemeanor Become a Felony in Georgia?
Unfortunately, a seemingly minor misdemeanor charge can become a felony charge in Georgia. After the police arrest an alleged offender, the prosecutor will begin building their case and may uncover evidence that turns a misdemeanor charge into a felony charge. For example, a simple battery charge, a misdemeanor, can be raised to aggravated battery, a felony, if the crime is committed against a protected class, such as:
- Family and other household members
- People 65 years old and older
- School students and personnel
- Healthcare workers
- Emergency services workers
- Public safety officers, including first responders, police, probation officers, and correctional officers
- Public transportation passengers, workers, and operators
The potential penalties for a misdemeanor simple battery charge include a fine not exceeding $1,000 and jail time of up to a year. On the other hand, the potential penalties for a felony aggravated battery include a fine of $5,000 to $50,000 and imprisonment of up to 20 years. In addition, a third or subsequent battery conviction involving the same victim will be charged as a felony, which is punishable by up to five years in prison.
What You Should Know About Theft and Enhanced Felony Penalties in Georgia
In Georgia, some repeat misdemeanor offenses come with enhanced felony penalties. For example, if you have been charged with refund fraud for the third time, you will face enhanced felony penalties. Similarly, a subsequent or second conviction for pimping will be considered a felony charge instead of a misdemeanor of a high and aggravated nature.
Conversely, judges can also impose lesser sentences and penalties for felonies. Common examples of theft in Georgia include trespassing, obscenity, identity fraud, forgery, vandalism, and other minor fraud offenses.
Reach Out to our Seasoned Georgia Criminal Defense Attorneys Now
Whether you have been arrested or charged with a misdemeanor or felony offense, you must work with an experienced Georgia criminal defense attorney as soon as possible to mitigate the situation and begin preparing your defense. At Banks, Stubbs, & McFarland, our Georgia criminal defense attorneys have successfully defended numerous clients facing misdemeanor and felony charges. Call 770-887-1209 or complete our online contact form to schedule your consultation with our Georgia criminal defense attorneys today and learn about the best legal options specific to your case.