Fulton County Misdemeanor Lawyer

Fulton County Misdemeanor Attorney

Misdemeanor charges are generally considered less severe than felony charges. However, any conviction can have long-lasting consequences like jail time, fines, and a permanent criminal record. If you’re being investigated or have already been charged, contact an experienced Fulton County misdemeanor lawyer right away to make sure your rights and freedom are protected as soon as possible.

The award-winning legal team at Miller North & Brill has over thirty years of experience fiercely representing clients in criminal cases. Whether it is reducing charges, negotiating a plea deal, getting the case dismissed, or fighting for you in court, our attorneys have the skills, resources, and experience to help you get the most favorable outcome possible in your case with creative solutions and strong defense strategies.

Types of Charges

In Georgia, state criminal charges are filed as infractions, misdemeanors, or felonies. The type of charge depends on the severity and impact of the crime.

• Infractions, often called tickets, citations, or petty crimes, are the least severe and usually punishable with fines. They include traffic violations like broken headlights or not wearing a seatbelt and minor offenses like littering, not leashing a pet, or playing loud music too late in a crowded neighborhood.
• Misdemeanors are more serious and can also result in fines, jail time, probation, community service, and other penalties. Examples include violating hunting laws or falsifying documents.
• Felonies are the most serious crimes and have the most severe punishments, including substantial fines or up to life in prison. Georgia may also impose the death penalty for the most severe offenses like murder, sexual assault, kidnapping, robbery, or arson.

Georgia also has a wobbler law that allows judges to impose felony punishments on some severe misdemeanor convictions or misdemeanor charges on less serious felony convictions.

Classification of Misdemeanors

In addition, there are two classifications of misdemeanors: misdemeanors, sometimes called simple misdemeanors, and misdemeanors of a high and aggravated nature. For example, first-time charges for driving under the influence of alcohol, street drugs, prescription drugs, or other intoxicating substances (DUI) are misdemeanors. However, a third DUI is considered a high and aggravated DUI and receives a harsher punishment.

Simple misdemeanors are generally not violent and do not cause much damage to property. They can result in jail time, fines, and/or probation. If the conviction is related to driving, such as reckless driving, it can also lead to the suspension of a driver’s license.

More serious misdemeanors, those that result in injury or property damage or repeated convictions of the same charge, can also be punished with prison time, but the fines can be significantly higher.

Common Misdemeanors in Fulton County, GA

In general, misdemeanor offenses are fairly common in most places, including Georgia. Some of the charges that occur most often are:

• Shoplifting – entering a store with the intent to steal from it
• Theft – taking someone else’s property
• Criminal trespass – being on someone else’s property without their permission
• Vandalism – defacing someone else’s property
• Assault – making threats of harm against another person
• Battery – physically harming another person
• Perjury – lying under oath in court or other legal proceedings
• Resisting arrest – intentionally attempting to prevent a law enforcement officer from performing an arrest
• Violating the terms of restraining orders or orders of protection
• Domestic violence – certain offenses such as assault when committed against someone in a close relationship with the offender
• Disorderly conduct – behavior that is disruptive to others in a social setting
• Weapons charges – violating state laws regarding the use and possession of knives, firearms, or other weapons
• Possession of illegal substances
• Some traffic offenses like DUI, reckless driving, and vehicular homicide

Statute of Limitations

In most cases in Georgia, the statute of limitations for misdemeanor charges is two years from the date the incident occurred. However, there are some situations where exceptions may apply, such as when the victim is under the age of 18 at the time of the act. In addition, sometimes the statute of limitations does not begin until later. This may be the case if the victim is at least 65, the defendant flees, or the perpetrator is not identified until later.

FAQs About Fulton County, GA Misdemeanor Laws

How Do You Win a Misdemeanor Case in Georgia?

You win a misdemeanor case in Fulton County by having a strong defense strategy to fight against the allegations. There is no single guaranteed strategy to win a case because each situation has different factors. Common strategies include proving an alibi, that the act that occurred was not a crime, or that you were not the person who committed the crime.

Can a Lawyer Appear on My Behalf for a Misdemeanor?

Yes, a lawyer can often appear on your behalf for a misdemeanor charge in Georgia, which means they can represent you in court without you having to be physically present. This is especially true for less serious charges and during the early stages of the legal process, such as entering a plea or preliminary hearings. However, in some cases, you may be required to attend as well.

Should I Get a Lawyer for a Misdemeanor?

Yes, in most cases, you should get a lawyer for a misdemeanor. While misdemeanors are considered less serious than felonies, there can still be long-term consequences for misdemeanor convictions, including time in jail, fines, a suspended driver’s license in some cases, and a criminal record that may impact your ability to get a job, find housing, get approved for loans, and other benefits.

Is There a Right to Counsel in Misdemeanor Cases?

Yes, there is a right to counsel in misdemeanor cases where the defendant may face jail time if they are convicted. If the defendant does not face potential jail time, they can still hire a private criminal defense attorney, but the court is not required to provide one to them.

Contact a Criminal Defense Attorney

If you’re facing misdemeanor charges, a skilled defense can make a huge difference to the results of your case. Reach out to Miller North & Brill today to schedule a consultation and discuss your legal options.