Misdemeanor in Georgia
There are many crimes that can be classified as a misdemeanor in Georgia. Fighting criminal charges can be difficult. Contact Jacob Summer, Attorney at Law now!
What Is a Misdemeanor in Georgia?
Many offenses can be classified as misdemeanors in Georgia. You may find it difficult to fight some misdemeanor charges on your own. If you need help with your case, contact Jacob Summer, Attorney at Law, today.
Like many other states, Georgia differentiates between misdemeanors and felonies based on the maximum prison sentences imposed. Under Georgia Code O.C.G.A. 17-10-3, a crime is considered a misdemeanor offense if the prison term is one year or less or if it carries a maximum fine of $1000. On the other hand, a felony is a crime punishable by a sentence of more than one year in prison.
Georgia misdemeanors include drug crimes, traffic offenses, and DUI child endangerment. An individual convicted of a misdemeanor offense will serve their sentence in the local jail.
Common Misdemeanor Crimes
Common misdemeanor crimes in Georgia include the following:
Assault and battery
Weapons charges
Disorderly conduct
Reckless and careless driving
DUI (driving under the influence)
Drug charges
Probation violations
Perjury
Theft and shoplifting
Reckless conduct
Trespassing
Violation of Orders of Protection
Violation of Restraining Orders
Resisting arrest
Misdemeanor Probation in Georgia
In Georgia, individuals with lesser misdemeanor offenses are eligible for misdemeanor probation. Once you have a criminal conviction, the judge may sentence you to probation instead of handing you a jail sentence. While on probation, you are subject to certain conditions that govern your behavior.
A probation officer will monitor your conduct during your probationary period, and if you fail to follow your probationary terms, then your probation may be revoked, and you may be sent back to jail.
How Long Does a Georgia Misdemeanor Warrant Stay Active?
Misdemeanor charges have a two-year statute of limitations. However, there are some limitations and exceptions. Law enforcement officers have two years from the day of the purported offense to file formal charges. This refers to a court-filed allegation or an arrest warrant.
As long as the misdemeanor warrants were issued before the statute of limitations elapsed, the charges against the defendant could still be brought. Running a background check on the individual will allow anyone to see the arrest warrant during this period.
Felony warrants can lead to challenging circumstances, particularly when the person on the arrest warrant is trying to seek employment. An outstanding warrant may also result in your driver’s license suspension.
Can You Expunge a Misdemeanor Criminal Record in Georgia?
It is possible to seal your criminal record from public view. When you have your records expunged, a background check won’t reveal your criminal record when you’re applying for a license, a job, or housing. However, your criminal history will still be accessible to judicial officials and criminal justice organizations and won’t be completely erased.
Georgia allows you to expunge misdemeanor offenses in two ways. It is possible to restrict a record by petition or through an automatic restriction. Your arrest record will automatically be restricted after a designated time period if your case was never referred for prosecution. Automatic record restrictions for misdemeanors take 2 years.
Nevertheless, you may petition the court for a record restriction if your case is not eligible for automatic restriction. Applicants must:
Complete all terms of their sentence
Not have been convicted of any offense for at least four years prior to filing a petition
Not have any pending criminal charges
If you’re considering erasing your misdemeanor record, you can contact a criminal defense lawyer in Gainesville to help you out.
Do First-time Misdemeanor Offenders Go to Jail?
Most first-time offenders do not go to prison after being found guilty, especially those charged with a non-violent crime. Georgia law offers these offenders an alternative to serving time in prison.
First-time misdemeanor defendants are often viewed as low-risk offenders. As a result, they often receive the option of serving their sentence under court supervision as opposed to going to jail. However, this option is not always available for every case.
Your DUI lawyer can help you obtain a favorable outcome for your misdemeanor charge.
Contact an Attorney for Help in Misdemeanor Cases
If you are facing charges for drug offenses or other misdemeanor charges, you will need an attorney to help you through the case. Having an experienced criminal defense attorney on your side will help you navigate the criminal justice system and ensure you get a favorable outcome.
Contact Jacob Summer, Attorney at Law, for a free case evaluation and legal representation in Georgia.
Frequently Asked Questions
Can Georgia Drivers Be Charged With a Misdemeanor for Reckless Driving?
A reckless driving offense in Georgia is classified as a misdemeanor. Depending on the severity of the offense, fines up to $1000 can be imposed, and a year in jail can be served. Additionally, a driver could have extra points added to their record or lose their driving privileges.
Penalties can be more severe if other traffic violations were committed. A reckless driver risks higher fines and possibly even jail time if they try to elude a police officer. These would be felonies with guaranteed prison terms if the negligence resulted in severe injury or vehicular homicide.
Reckless driving may also involve:
- Over speeding
- Driving under the influence of drugs or alcohol
- Tailgating
- Ignoring red lights or stop signs
- Driving a vehicle with significant mechanical flaws
- Weaving in and out of traffic carelessly
- Racing other vehicles
Can Georgia Drivers Be Charged With a Misdemeanor for Reckless Driving?
A reckless driving offense in Georgia is classified as a misdemeanor. Depending on the severity of the offense, fines up to $1000 can be imposed, and a year in jail can be served. Additionally, a driver could have extra points added to their record or lose their driving privileges.
Penalties can be more severe if other traffic violations were committed. A reckless driver risks higher fines and possibly even jail time if they try to elude a police officer. These would be felonies with guaranteed prison terms if the negligence resulted in severe injury or vehicular homicide.
Reckless driving may also involve:
- Over speeding
- Driving under the influence of drugs or alcohol
- Tailgating
- Ignoring red lights or stop signs
- Driving a vehicle with significant mechanical flaws
- Weaving in and out of traffic carelessly
- Racing other vehicles