DeKalb County Misdemeanor Lawyer

DeKalb County Misdemeanor Attorney

Being charged with a crime can feel unnerving. However, different types of crimes under Georgia law range in severity. If a person is charged with a misdemeanor, the consequences are typically not as grave as other crimes. Speaking with a DeKalb County misdemeanor lawyer can help shed light on the potential consequences of these crimes.

Our experienced attorneys at Miller North & Brill are equipped to handle different types of criminal cases, including misdemeanors.

What Is a Misdemeanor in Georgia?

The actions of individuals in Georgia, whether they are living or temporarily staying in the state, should comply with Georgia law. Once a person’s action violates the law, it may constitute a crime. These crimes can be defined within one of three categories: infractions, misdemeanors, and felonies.

A felony is the most serious of crimes, and it typically includes violent crimes like kidnapping and murder.

Infractions are less serious actions and may include violations like speeding while driving or consuming alcohol while underage.

Misdemeanors are violations of the law, the gravity of which may be less than a felony and more serious than an infraction.

Some crimes considered misdemeanors in the state of Georgia can include the following:

• Trespassing
• Vandalism
• Domestic violence
• Driving under the influence
• Assault
• Solicitation
• Certain drug offenses
• Some traffic violations

Whether a crime is charged as a felony or a misdemeanor may be influenced by the scope of the crime, including whether minors were involved, if it is a first offense or not, or if the defendant is a juvenile.

Misdemeanors have a statute of limitations of two years after the alleged commission of the crime.

Fighting a Misdemeanor in Georgia

When someone faces a criminal charge, it can be the beginning of a lengthy process that, at the least, can affect your relationships, your job, schooling, and your finances. At the most, it can see you spending time in jail and paying fines.

Even though a misdemeanor may not be as serious as a felony charge, working with a skilled misdemeanor lawyer in DeKalb County is strongly recommended so that a simple mistake or an unjust accusation does not evolve into a life-altering situation.

There are some steps a skilled criminal defense attorney can take to fight a misdemeanor in Georgia. They can work to get the charges dismissed by challenging any probable cause brought forth by the prosecutor, including finding witnesses and evidence that can dispel your involvement in a specific crime or that show an action did not constitute a crime.

If dismissal of charges is not obtained, a qualified criminal defense attorney can attempt to request release pending trial and represent you in court. They can argue in front of a jury and work to prove that you are not guilty. They may also succeed in securing a conviction on a misdemeanor instead of a felony, depending on the charges.

A DeKalb misdemeanor attorney may also be able to negotiate an adequate agreement with the prosecuting attorney if it is most favorable for a client to take a plea.

Even though the criminal justice system provides that a person is innocent until proven guilty, a misdemeanor charge may stack the odds against you from the start. Fighting through criminal charges can be done more efficiently with the support of a seasoned defense attorney who can dedicate their time, knowledge, and effort to your case.

Outcome of a Misdemeanor Charge or Conviction

Once a person is convicted of a misdemeanor, there are minimum and maximum potential sentences that they may face.

Punishment for general misdemeanors in Georgia may include confinement in a DeKalb County jail or facility for no longer than 12 months. A fine of no more than $1,000 may also be imposed. It is up to the discretion of the county whether the jail sentence can be served through probation or an alternative arrangement.

A conviction for a misdemeanor of a high and aggravated nature can lead to a fine no higher than $5,000, a jail sentence not to exceed 12 months, or both. Some assault or sex crimes may fall under this category.

Once a person faces a misdemeanor charge, and even after they are found not guilty, it may surface on a criminal background check. A qualified criminal defense attorney can provide assistance in requesting a record expungement, and in cases of convictions, a restriction of a criminal record for purposes of employment and housing, among other needs.

FAQs About DeKalb County, GA Misdemeanor Laws

How Serious Is a Misdemeanor in Georgia?

A misdemeanor is a serious offense in Georgia. However, it is less serious than a felony. Accordingly, the sentencing guidelines for misdemeanors in Georgia reflect this severity through less stringent punishment and fines, as well as more flexibility for serving out a sentence through parole or alternate arrangements based on the county.

How Much Does a Criminal Lawyer Cost in GA?

The cost of a criminal lawyer in Georgia varies depending on the location of the attorney and how long they have been practicing criminal defense. The cost of an attorney may be higher depending on the severity of the charge, the complexity of a criminal case, and the length of a trial.

How Much Is a Misdemeanor Fine in Georgia?

A misdemeanor in Georgia may carry a fine of up to $1,000 for a general misdemeanor and up to $5,000 for a misdemeanor of a high and aggravated nature. The final amount may be negotiated between the defense attorney and the prosecutor, or it may be determined by a judge in the case.

How Long Can a Misdemeanor Case Stay Open in Georgia?

Georgia law stipulates that the statute of limitations for a misdemeanor case is two years. This limit provides the time within which the county may pursue charges for an alleged misdemeanor crime. Once charges are presented, the process may take longer depending on the court’s schedule and motions filed by either side.

Consult a DeKalb County Misdemeanor Lawyer Today

A misdemeanor charge should not represent a significant stain on your record. It is highly recommended that you speak with a qualified criminal defense attorney who is knowledgeable and skilled at handling these types of cases in DeKalb County.

With over 30 years of practice in criminal defense, our team at Miller North & Brill is ready to support you from start to end if you are facing a misdemeanor charge.

Contact our office to discuss your case.