Misdemeanor Defense

What is a misdemeanor in Georgia?

In Georgia, a misdemeanor is any offense that can be punished by up to one year in jail.  Felonies carry longer sentences and higher fines. Misdemeanor charges in Georgia can arise out of illegal conduct such as shoplifting, drinking and driving, trespassing, vandalism, or possession or small amounts of marijuana.
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Misdemeanor charges can be upgraded, however, to a high and aggravated misdemeanor offense under certain circumstances.  This may occur when an individual has committed the same offense on multiple occasions during a certain period of time. Other offenses, such as aggressive driving or assaulting a family member, may be charged as misdemeanors of a high and aggravated nature regardless of an individual’s criminal history.

Misdemeanor Cases We Handle

At Ryan J. Swingle, Attorney at Law, LLC, we handle a variety of misdemeanor charges, including:

• Traffic violations
• DUI
• Simple drug possession
• Theft
• Disturbing the peace
• Family violence

We enjoy taking on new and challenging cases, and will work with you to fight your misdemeanor no matter the offense.

Jail Time and Legal Ramifications for Misdemeanors in GA

All misdemeanors in Georgia carry potential jail time and fines. State law distinguishes misdemeanors and misdemeanors of a high and aggravated nature by the maximum fine imposed.

• Misdemeanors: Up to 12 months in jail or a diversion center and a $1,000 fine
• Misdemeanors of a High and Aggravated Nature: Up to 12 months in jail and a $5,000 fine

However, these are the maximum sentences and fines that can be imposed for a misdemeanor charge. Both types of misdemeanors are eligible for probation and suspended sentences, whereby a defendant is required to follow specific conditions or restrictions imposed by the court. A judge may also permit a defendant to serve jail time on the weekends or during non-working hours if they are sentenced to a term less than six month. Of course, the outcome of any case is entirely dependent on the facts of that specific case.

Do you need a lawyer for a misdemeanor?

If you have been charged with a misdemeanor, you should consult with an experienced criminal defense attorney. Even if you do not serve jail time, having a criminal record can impact your future in a significant way. You may have difficulty finding housing, obtaining credit, finding a job, or seeking a college education. Though the criminal penalties for a misdemeanor are less severe than those of a felony, the collateral consequences of a criminal conviction can last for years to come.
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Hiring an attorney can be intimidating, especially if this is your first offense. Athens criminal defense attorney Ryan Swingle is here to listen to your story, review the facts of your case, and help you build the strongest defense possible. Contact our office today for a free initial consultation.