Criminal Defense Lawyer Suwanee & Gwinnett County

When you’re faced with criminal charges, get the legal representation you need

Our Criminal Defense Lawyers Can Defend You

When you’re charged with a crime of any kind, you might feel like your life has been turned upside down. Depending on your criminal offense, you could spend a year or even decades in jail. If you’re facing a DUI charge, you could experience a license suspension or revocation, making it difficult to get to and from work.

Living with a criminal record can negatively affect your future employment, housing, and education opportunities, which is why you need an experienced criminal defense attorney to fight your charges.

At Banks, Stubbs & McFarland, our criminal defense lawyers offer assertive and experienced legal counsel. When your freedom is at risk, you need a legal team that puts your criminal defense at the forefront. At Banks, Stubbs & McFarland, you aren’t just another client. We approach each criminal defense case on its own merits.

What is Criminal Law?

It may go without saying, but criminal law in the state of Georgia is a complex system made of laws and rules that are concerned with criminal acts, penalties, and the procedures of investigation, arrest, trial, sentencing, and parole. In simple terms, criminal law has everything to do with criminal offenders and their treatment by the state or by any organized society with set laws.

In criminal law, the crime committed might be against one individual and the motive might be personal, yet it is considered an offense against the public. To define a crime—it is a wrongful action or omission, conceived as an offense that is punishable by law.

There are generally two broad categories of criminal laws:

With either charge, you want to get expert legal advice in order to protect your freedom and your rights.

Misdemeanor Offenses

A misdemeanor is a crime, less grievous than a felony. It is a “lesser crime” than a felony and more serious than an infraction or a ticket. A misdemeanor usually carries lighter penalties such as monetary fines, probation, community service, or imprisonment for a period shorter than a year.

At Banks, Stubbs & McFarland, we provide legal representation for the following misdemeanor offenses:

Assault and Battery

You may have heard these two terms “assault” and “battery” used together but they are not interchangeable by any means. Both of these actions have historically been different offenses in the eyes of the law. In the present, however, they are less distinguished.

Assault is when a person threatens to harm another or imposes imminent danger upon them. For example, if a person is swinging his arm in front of the victim as a threat to harm them, that conduct will be considered an assault. Essentially, any conduct that gives the victim reasonable fear of physical harm or battery is called an assault.

A battery, on the other hand, is when physical harm is carried out. In a way, it is a “completed” assault. In criminal law, battery is the offensive or harmful physical contact made with another person without their consent.

The main difference between both is therefore the actual presence of physical harm and the mere threat of it. Any crime that involves a harmful physical attack or a threat of it can either be assault, battery, or both.

Our attorneys can help you create a strong defense against these types of criminal cases.

DUI Charges

DUI refers to driving under the influence. It is driving or being in control of a motor vehicle while one is impaired by alcohol or either recreational or physician-prescribed drugs.

Along with other misdemeanor offenses, Banks, Stubbs & McFarland specializes in building a compelling DUI defense and rescuing you from any form of misconduct or injustice. Call our DUI attorneys today.

Obstruction of an Officer

Obstruction of a law enforcement officer means intentional interference or hindering of an officer in his course of duty. This includes telling lies, threats, physical force, giving misleading information, refusing to cooperate, etc. This misdemeanor also includes helping a criminal on smaller levels such as informing a criminal of a police trap in order to prevent his detection.

Theft and Shoplifting

Theft, as a misdemeanor, is when a person steals money or property of a value less than $950. This is called petty theft and is charged as a misdemeanor. The punishment for this can be a fine of up to $1,000 or a maximum of six months of jail time.

Shoplifting, a theft crime against retail establishments, is also charged as a misdemeanor and is punishable with monetary fines or up to six months of jail time. Receiving stolen property while acknowledging its stolen status is also charged as a misdemeanor in some cases.

Drug Possession

Drug-related crimes are typically treated severely especially if one is accused of distributing and trafficking drugs along with drug possession. The amount of drugs in one’s possession at the time of the arrest usually decides if it will be a misdemeanor or a felony charge. Furthermore, the possession of heroin has more severe consequences as compared to the possession of marijuana.

Other Crimes

If you or a loved one has been charged with a crime not listed here like possession of a firearm by a convicted felon, etc., call our law firm today and set up a free initial consultation. Get the legal representation you need as soon as possible.

Felony Offenses

A felony is a serious crime punishable by stiffer sentences such as imprisonment for periods longer than a year to life sentences. A felony in a few cases may also be punishable by the death penalty.

We deal with the following felony charges at Banks, Stubbs & McFarland:


Burglary is illegally breaking and entering a building with the intent of committing any crime, typically a theft crime. As a result of a felony conviction, the penalty for burglary ranges from 20 or more years in prison and/or a fine of $100,000 or more.


As compared to petty theft as a misdemeanor, a grand theft constitutes a felony. The sentence for grand thefts can be up to three years in prison with a fine of up to $1,000.


Arson is the intended starting of fire to damage property and/or to kill someone. Felony arson is a criminal act which in extreme cases can end with the death penalty. In less severe cases, the penalty for felony arson can range anywhere between five and twenty years in state prison.

Aggravated Assault/Aggravated Battery

Aggravated assault is more serious than a simple assault as it involves serious violence or threats involving a weapon. This can lead to about five years of imprisonment even if you are a first-time offender.

Similarly, aggravated battery involves serious physical injury or the use of a deadly weapon. Depending upon the circumstances and sentencing guidelines, an aggravated battery can result in one to twenty-five years in state prison.

Drug Charges

Possession, distribution, and trafficking of illegal drugs is a serious felony that can quickly involve the DEA or FBI in serious cases. Even if you are innocent, it is best to hire a good attorney as the penalty for drug charges with a felony conviction can result in years of imprisonment.


Murder in criminal law is defined as unlawful conduct involving serious physical harm that results in the victim’s death. Depending upon the degrees of murder (first, second, and third), the penalty for murder typically involves the death penalty to a few years or life imprisonment without the possibility of parole.

Choosing The Right Lawyer

In Georgia, criminal defense starts with choosing the right attorney to represent you. Whether you face a DUI charge or are accused of a white collar crime, our law firm has the resources you need to defend your case. Given that Phil Pilgrim used to be a prosecutor, he understands the way your prosecutor thinks and his or her approach to your case. This is the foundation of a good legal defense.

Ask our attorneys if you are eligible for the first offender act.

At Banks, Stubbs & McFarland, we have the negotiation skills, the legal expertise and the jury trial experience you need for an effective criminal defense. We have represented clients from all around Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County.

We specialize in criminal defense and provide unfaltering legal help to you in difficult times. Apart from criminal defense, our legal team specifically includes skilled and experienced family law attorneys to help you through legal issues concerned with your family. Contact us today for a free initial consultation.

Speak with a Criminal Defense Attorney Today

Our Service Area

We are located in Suwanee Georgia, but we defend clients throughout Gwinnett County, Forsyth County, Hall County, Barrow County, Jackson County, and Dawson County. Contact our Suwanee law firm as soon as possible to learn how we advocate for your best interests.