What Are the Different Types of Misdemeanors?

How a crime is categorized depends on the perceived severity of the act. The delineation between misdemeanor and felony is the potential penalty. Misdemeanors can result in up to 12 months of jail time while felonies convictions can result in a year or more of incarceration in prison.

There’s a degree of subjectivity involved with some crimes. For example, many people would consider driving drunk to be worse than being in possession of a small amount of cocaine or heroin. Georgia law says different – simple assaults or DUIs are only misdemeanors (unless it’s aggravated or it’s a third offense) while possession of even a small amount of cocaine is a felony.

Misdemeanors and High and Aggravated Misdemeanors in Georgia

Georgia breaks up misdemeanors into two different categories: misdemeanors and high and aggravated misdemeanors. The upgraded version of the misdemeanor is most commonly used with repeat offenders. A defendant might also be charged with a high and aggravated misdemeanor for a first offense if the court considers the accusations particularly grievous. Fleeing from the police and battery of a pregnant woman are examples of crimes that would be charged as high and aggravated misdemeanors on a first offense.

In most misdemeanor cases you’ll appear before a judge. If convicted the judge has sentencing discretion. They could sentence a defendant to probation with mandatory reporting, fines, community service, restitution, classes, substance abuse counseling, license suspension or jail time.

High and aggravated misdemeanors also enable the court to impose higher fines on defendants, often up to $5,000. People charged with misdemeanors might be given credit for good time served on a jail sentence, while those charged with aggravated misdemeanors are held to a limit on time served (earned time) allowances.

People charged with misdemeanors in Georgia are also entitled to jury trials. Misdemeanor jury trials are smaller than felony jury trials and only have six jurors instead of the usual 12.

What’s the Difference Between Normal Misdemeanors and High and Aggravated Misdemeanors According to Georgia Law?

Misdemeanor

• No more than $1,000 fine
• Confinement in county jail or correctional facility for no more than 12 months

In rare cases a defendant with a full-time job who is given a sentence of six months or less might be given an intermittent or weekend jail sentence. They might only need to go to jail Saturday and Sunday and get to work and sleep in their own home on weekdays.

High and Aggravated Misdemeanor

• No more than $5,000 fine
• Confinement in county jail or correctional facility for no more than 12 months 
• No more than four days per month of earned time allowance

Misdemeanor Traffic Offenses

There are also some slightly different rules in Georgia for driving infraction misdemeanors. People charged with traffic offenses can:

• Have their license revoked
• Be required to take a mandatory driver improvement course
• Receive a suspended sentence so long as they don’t have any additional traffic infractions in a specified period of time 

Do You Need a Lawyer for a Misdemeanor Case?

Whether you call a criminal defense attorney for your misdemeanor case should likely depend on the seriousness of the allegations and the potential penalties. Facing months in jail, thousands of dollars in fines and restitution or license suspension are all serious, potentially life-changing consequences.

In addition to those immediate penalties a misdemeanor conviction can also remain on your permanent record and potentially complicate future job searches or your employment.

Georgia is one of the few states where traffic offenses are misdemeanors instead of civil infractions. There is a silver lining to even mundane traffic offenses being considered misdemeanors under Georgia law – you are entitled to a jury trial if you so choose.

Prosecutors and judges generally want to avoid the cost and time required to impanel a jury and go through a trial for a misdemeanor traffic ticket, which is why they’re often willing to negotiate and compromise with a criminal defense lawyer who threatens to go to trial over a minor infraction.

Working with an experience criminal defense lawyer in Duluth may be one of the best ways to avoid serious short and long-term consequences of a misdemeanor or high and aggravated misdemeanor charge.

Contact the Cotto Law Group

The Cotto Law Group is committed to fighting for the rights of residents of Duluth and the surrounding parts of Georgia who have been accused of committing a crime. Criminal defense attorney Isaac F. Cotto will independently investigate your action, the police’s actions and the prosecution’s case before offering strategies and options so you can make an informed decision about how to move forward.

Schedule a consultation with The Cotto Law Group by calling (770) 817-7581.