What is the Difference Between a Felony and Misdemeanor in Georgia?

Crimes in Georgia are classified as either felonies or misdemeanors. While a felony is punishable by a minimum of one year in prison, misdemeanors are punishable by no more than one year. Also, the fines associated with a felony are typically much higher than those associated with a misdemeanor. 

Whether you have been charged with a felony or misdemeanor offense, the criminal defense lawyers at Banks, Stubbs, & McFarland, LLP, in Commerce, are ready to come to your aid. 

Misdemeanor Crimes in GA

Although less severe than a felony, a misdemeanor offense is punishable by up to 12 months in county jail. Our criminal defense attorneys have experience defending clients charged with the following types of misdemeanors:

  • Trespassing
  • Shoplifting
  • DUI
  • Simple assault
  • Vandalism
  • Restraining order violation
  • Possession of less than one ounce of marijuana

Felony Crimes in GA

A felony conviction will result in at least one year, with some offenders sentenced to life. Felony fines typically exceed $1,000, with the maximum fine under Georgia law reaching $100,000.

Our criminal defense lawyers have experience defending clients charged with the following felony offenses:

  • Aggravated assault
  • First- and second-degree murder
  • Simple Possession
  • Drug trafficking
  • Rape
  • Armed robbery
  • Identity theft

Collateral Consequences for a Criminal Conviction

Even after your sentence has been completed and you have paid any fines and/or restitution, you may still be unable to get on with your life. The Georgia Department of Labor (DOL) offers the TOPSTEP Program to help individuals leaving correctional facilities find steady employment. This aims to lower the incidences of ex-convicts committing future crimes. Even if your record remains clean after you leave prison or complete your probation, there is no guarantee that you will be able to secure a well-paying job. 

Defenses to Criminal Charges

Depending on the type of charge, the following defenses may be available:

Lack of Intent

Each criminal statute requires a specific state of mind, in the law referred to as mens rea. If you did not have the required mens rea for a particular crime, you cannot be found guilty of that crime.

Self-Defense

Self-defense may be raised if you are facing allegations of assault, domestic violence, or homicide charges. Georgia is a Stand Your Ground state, implying that you do not need to retreat if someone threatens you. However, you are only allowed to use appropriate force to defend yourself. Any level of force beyond what is appropriate is considered unreasonable.

Illegal Search and Seizure

In most circumstances, law enforcement must have a search warrant to search your home. There are exceptions to this rule, such as if contraband is in plain view or you gave the officer permission to search. If evidence is obtained unlawfully, it will be inadmissible in court.

Resolute Commerce Criminal Defense Attorneys

At Banks, Stubbs, & McFarland, LLP, we are committed to helping individuals safeguard their freedom. In addition to defending criminal charges, our legal team has assisted former convicts in finding gainful employment. To schedule your initial consultation with one of our Commerce criminal defense lawyers, contact us online or by calling (770) 887-1209 today.