Misdemeanor vs Felony: What's the Legal Difference?
In Georgia, some crimes can be classified as a misdemeanor or a felony depending on the circumstances and if they meet certain requirements. It is important to know the difference between a misdemeanor vs felony when you are charged so you understand what to expect during the legal process and the potential repercussions. Here are some definitions and examples to help you understand the differences and similarities.
Misdemeanors in Georgia
Misdemeanors are less serious charges than felonies, however they can still cause life-long consequences to your life and relationships. They are handled in state, magistrate, or municipal courts. Common consequences for misdemeanors in Georgia include jail time (up to 12 months), probation, fines (typically up to $1,000), community service, classes or treatment, and anything else the court decides is appropriate. Misdemeanors typically do not result in the loss of voting or gun rights, though a conviction still creates a permanent criminal record that may affect future job prospects.
Here are some common misdemeanors that we see here at Stolper Law:
Driving Offenses
Theft
Public Intoxication
Assault and Battery
Harassment
Disorderly Conduct
And more.
The confusion starts when you realize some of these crimes can also be considered a felony, depending on the circumstances.
Felonies in Georgia
In Georgia, felonies are the most serious charges, but they still have classifications that break them down even further. They are typically handled in the Superior Court and often require a grand jury indictment before prosecution. Georgia does not use numbered "classes" (like Class A or Class B), but instead uses terms like "degrees" (e.g., first-degree, second-degree). The sentences for felonies are harsher than misdemeanors and they include the death penalty, life imprisonment, or prison time exceeding 12 months. They often also result in the loss of civil rights, such as voting or owning a firearm, and can create lifelong obstacles for employment and housing.
Here are some felony charges that we see here at Stolper Law:
Aggravated Assault and Battery
Drug Trafficking, Distribution, and Possession
Violations of the Georgia Conrolled Substances Act (VGCSA)
Burglary and Theft Crimes
Violent Crimes
Fraud, Forgery, and White-Collar Crimes
And more.
Misdemeanor vs Felony
What classifies certain crimes as a misdemeanor vs felony are the particular circumstances. For example, most DUIs in Georgia are considered misdemeanors. However, it is possible to be charged with a felony DUI if there have been repeat offenses, if injury or death was caused, or other aggravating factors have been met. The possible sentences vary greatly between a misdemeanor vs felony, so it’s important to know what you are being charged with, the differences between the two, and what kind of defense you need.
How a Georgia Misdemeanor and Felony Lawyer Can Protect You and Your Rights
Here at Stolper Law, we have a lawyer who specializes in misdemeanors and felonies. By focusing on each case individually, we personalize defenses for various charges for the best possible result. Contact us today to get started building the best defense for you.
