Jacob Summer, Attorney at Law: Felony Lawyer in Gainesville GA
If you have been charged with a felony offense, you need the services of an experienced felony lawyer in Gainesville, Georgia. Contact an attorney today.
Misdemeanor vs. Felony
Criminal charges in Georgia are not taken lightly. A criminal conviction carries severe penalties, such as jail time. In addition, a conviction can stay in your record for the rest of your life and negatively affect your future career.
In Georgia, a felony or misdemeanor is distinguished by the severity of the offense. The less severe crimes are misdemeanors, while the more serious crimes are felonies.
Some common misdemeanor penalties are community service, less than twelve months of jail time, fines, rehabilitation, and probation.
The legal system handles felonies and misdemeanors differently. When facing a felony charge, you will face an indictment, a preliminary trial, and possibly a jury. For misdemeanors, you will appear in front of a judge with no jury.
Common examples of misdemeanors in Georgia are:
- Domestic violence
- Driving under the influence (DUI)
- Possessing less than one ounce of marijuana
- Vandalism
- Shoplifting
Hiring an excellent criminal defense attorney can significantly protect your rights and freedom, whether you face a misdemeanor or a felony charge.
Felony Charges Gainesville GA
Felony charges carry severe consequences in Georgia. When convicted of a felony, you face a penalty of a minimum of one year in jail and a maximum of life imprisonment or the death penalty.
Other consequences include losing the following rights:
Right to vote
Holding public office
Firearm rights
Obtain employment in specific industries.
Georgia has strict felony sentencing laws, which include the following features:
Non-parolable offenses
Mandatory minimum sentences
Two strike laws.
Examples of violent crimes that lead to felony charges are:
Murder
Rape
Manslaughter
Kidnapping
Treason
Espionage
Fraud
Aggravated assault or battery
Embezzlement
Arson
Grand theft
Racketeering
Robbery.
If you face criminal charges in Georgia, a diligent criminal defense representation can increase your chances of clearing your name.
Visit our website to contact a dedicated criminal defense lawyer based in Gainesville, Georgia, who will fight for your rights.
Is DUI a Felony in Gainesville GA?
In Georgia, a DUI is generally charged as a misdemeanor offense.
However, depending on the circumstances, a DUI can be charged as a felony offense, as you will see below.
Fourth DUI Within Ten Years
A DUI is a felony in Georgia when it is a fourth DUI within ten years.
The potential penalty for a felony DUI is a minimum of one year in prison and a maximum of five years jail time, with a fine of between $ 1000- $5000 and additional court charges.
In addition, you also face the following mandatory penalties:
- Sixty days of community service, which can be suspended if you are sentenced to three years or more in jail
- Attending a DUI school
- Ten years suspension of your driver’s license
- Surrender of license plate
- Counseling for alcohol and drug abuse.
Suppose your fourth DUI is also your third Georgia DUI or subsequent DUI between five years. In that case, you need to pay a $25 fee to publish a notice of conviction and photograph in the county newspaper.
Habitual Violator
Driving as a habitual violator is a felony offense.
You become a habitual violator when convicted of a third or subsequent DUI between five years and commit three serious offenses. Such offenses include fleeing or attempting to elude, serious injury by vehicle, leaving an accident scene, etc.
The potential penalties for habitual violators include:
- A minimum of one year and a maximum of five years imprisonment
- Thirty days of community service
- Surrender of license plate
- Clinical evaluation and treatment
- A minimum of $1000 and a maximum of $5000 fines
- Attending a DUI risk reduction school
- Having a convicted felon status for life
You could also face a charge of homicide by vehicle in the first degree if you cause the death of another individual while driving after being declared a habitual violator. This charge carries a potential penalty of a minimum of five years and a maximum of twenty years in jail.
DUI and Child Endangerment
DUI with a child of fourteen years and below is treated seriously in Georgia. You will be charged separately for each child in your car when arrested for DUI and child endangerment. As a result, you face multiple penalties and may spend many years in prison.
A third or subsequent child endangerment conviction is a felony with a penalty of one to three years in jail, a fine between $ 1000 to $ 5000, and additional court charges.
Vehicular Homicide
First-degree vehicular homicide is a felony in Georgia. First-degree occurs if you caused the accident due to reckless driving while under the influence, caused death, and fled from the scene.
You must act fast if you have been convicted of a felony in Georgia. Consider hiring a criminal defense attorney to protect your legal rights and freedom.
How Much Does a Lawyer Cost for a Felony?
The cost of working with criminal defense lawyers in Georgia for felony charges depends on various factors. A couple of these factors are discussed below.
Attorney Fees
The rates of criminal defense attorneys depend on factors such as:
Their skills and years of experience
The severity of your offense
The complexity of legal issues in your case
Whether the attorneys use flat fee rates or hourly rates.
Discussing the fee structure with your criminal defense attorney directly is highly recommended to clarify how much their services are likely to cost you.
Hiring Investigators and Expert Witnesses
A criminal defense attorney may need to hire investigators for specific criminal cases to present the most effective defense.
For example, in DUI cases, your case may need the services of an expert to explain the results of your Blood Alcohol Content report.
Expert witnesses and investigators earn a retainer fee to lend their expertise to your case.
Gainesville GA Criminal Defense Lawyers
Do you or your loved ones have an ongoing criminal investigation?
At Jacob Summer, Attorney at Law, we understand the depth of a felony charge and will fight for your rights. We have dedicated criminal defense lawyers passionate about protecting individuals’ rights.
We investigate the crimes that our clients are charged with and challenge the prosector’s evidence before the court. We review your case, offer legal advice, and build you a solid defense to protect your future.
Contact us today to schedule a confidential appointment to discuss your case.
Frequently Asked Questions
Is a Felony a Crime?
A felony is a serious criminal charge that leads to serious physical harm to individuals. It also involves serious crimes such as fraud. Misdemeanors can be felonies for second or third-time offenders.
What Is the Process After a Misdemeanor Arrest?
In Georgia, you must present your driver’s license, vehicle registration, and proof of insurance after a misdemeanor arrest.
The law enforcement officer will then tell you your rights and transport you to a booking facility where your fingerprints and photos are taken.
Following this process, you can call your family or friend to contact a bail bond agent. You will be placed in holding until you post bail.
Contacting a criminal defense lawyer at this point would be beneficial as they can start working on your case and organize your bond.