In Your Defense When You Face Misdemeanor Charges In Henry County
Although the word “misdemeanor” may sound like a minor legal problem, in fact, a misdemeanor conviction can have serious consequences both in the short term and the long term. Depending on the nature of the criminal offense, a criminal record based on a misdemeanor could lead to jail time as well as major vocational roadblocks over the years.
At Sexton & Moody, P.C., you will find the caliber of representation you need to have a good chance at a favorable outcome after a misdemeanor arrest. We carry on the strong legacy in criminal defense that was established by our founder, Lee Sexton. His stellar reputation for effective defense is reflected in our law practice today.
Common Misdemeanors In Georgia
Examples of misdemeanor charges that many of our clients are facing when they contact us include the following:
- Family violence
- Violation of protective orders
- Shoplifting
- Battery
- Weapons charges related to the possession of firearms
- Drunk driving or driving with a suspended driver’s license
- Possession of marijuana weighing one ounce or less
- Traffic offenses such as reckless driving
Even a low-level misdemeanor charge can be made worse as it proceeds through the court system. In some cases, a misdemeanor charge may be upgraded to an aggravated misdemeanor charge, with potentially higher penalties and long-term repercussions.
Common Consequences For A Misdemeanor In Georgia
Someone convicted of a misdemeanor may be fined up to $1,000. They may also serve jail time in a city or county jail for up to 12 months. Besides these criminal penalties, many people experience difficulties in other areas of life, through background checks associated with job hunting, financial transactions, and in their personal lives.
How Long Do Misdemeanors Stay On Your Record?
Once you have any kind of criminal record in Georgia, it will remain for life unless you get it expunged. In Georgia, you may have the opportunity to pursue an expungement two years after a misdemeanor conviction if you have not been convicted of any other crimes in the meantime. Expungements are not automatic. Separate legal action is required to seek the clearing of your record in this way. No expungement of DUI convictions is available.
What Is Family Violence, And What Are The Penalties For A Family Violence Conviction?
Family violence is the term that Georgia uses to refer to domestic violence against family members. This can include several specific crimes, including trespassing, unlawful restraint, property damage, stalking, assault or battery. These are also crimes when the victim is not a family member, but the penalties may be more severe if they are. Family members targeted by this violence include current or former spouses, children, parents, stepchildren, foster children or other extended family members who live together in the same household.
As misdemeanor criminal defense attorneys will tell you, penalties for family violence vary depending on the exact offense – stalking will not carry the same penalties as assault or battery, for example – but they may include:
- Up to 12 months behind bars
- A fine of up to $5,000
- One to five years behind bars for repeat offenses
It also depends if the offense is a felony. For example, aggravated battery against a family member may lead to felony charges, which could result in up to 20 years in prison. Each case is unique, which is why every defendant needs to know about their legal options.
When Can Simple Battery Result In A High And Aggravated Misdemeanor In Georgia?
Family violence can escalate a standard charge to a high and aggravated misdemeanor. For instance, simple battery may be a standard misdemeanor if it involves a stranger – if two people who don’t know each other get into a physical altercation on a sidewalk in Henry County, for instance, they could face misdemeanor charges. But when the victim is a member of the alleged perpetrator’s family, then the court may treat it as a high and aggravated misdemeanor. This opens up the possibility of more severe penalties upon conviction.
Violence against family members is also more likely to result in felony criminal charges. For instance, it takes three offenses to be charged with a felony for battery against an unrelated third party. It only takes two offenses to result in felony charges if the victim is a family member, such as a child or a stepchild. Those facing such serious charges should seek legal counsel from a criminal defense law firm like Sexton & Moody, P.C.
Get Your Defense Underway After A Misdemeanor Arrest
It is worth all your effort to get an aggressive McDonough criminal defense lawyer even for a first-time DUI, theft or assault case.
Call 770-692-9495 or complete an online contact form to reach us and request a free consultation after being charged with a misdemeanor or felony.