Atlanta Criminal Defense Lawyer

How Criminal Law Works in Atlanta, GA

Crimes in Georgia are categorized according to their severity as follows:

Felonies

A felony in Georgia is any crime punishable by death, imprisonment for life, or more than twelve months. Crimes in this category are the most serious in Georgia and include violent crimes such as rape, armed robbery, and murder.

Misdemeanors

In contrast, misdemeanor crimes such as a first-time DUI, simple assault, or battery are considerably less severe and include all other crimes not designated as felonies in the Georgia Code. 

Crimes in this category are punishable with imprisonment for not more than a year. But the penalty for a misdemeanor crime could be more severe if it qualifies as a misdemeanor of a high and aggravated nature. A crime becomes a misdemeanor of a high and aggravated nature in certain circumstances, such as if the victim belongs to a class of specially protected persons under the law or the offense was committed in a designated public area.

For example, the offense of simple battery is classified as an ordinary misdemeanor by the Georgia Code. It becomes a high and aggravated misdemeanor in certain circumstances, including the following:

• The victim is a pregnant woman, a police or sports officer discharging their duties, or a senior citizen 65 years or older.

• The crime occurred in a public vehicle or transit station.

In such cases, the convict may be sentenced to pay a fine of up to $5000 and a term of imprisonment for not more than 12 months.

Ordinary misdemeanor crimes could also be elevated and charged as felonies if the suspect/defendant is a repeat offender. For instance, the first DUI offense is classified as a misdemeanor. But if the defendant has three prior DUI convictions, a fourth offense will be charged and punished as a felony.

Punishment for Crimes in Georgia

If you’re convicted of a criminal offense in Georgia, the penalties you could face include the following:

• Imprisonment (sometimes for life)

• Payment of fines

• Probation

• Community service

• Driver’s license suspension (if you’re convicted of a DUI or traffic-related offense)

• Registration in the state sex offenders register (if you’re convicted of a sex crime such as rape)

• Death

• Forfeiture of the proceeds of crime

• Restitution.

In addition to these statutory penalties, a criminal conviction has far-reaching consequences that could affect the quality of your life even after you’ve served your sentence. Convicts are mostly viewed with suspicion in society. Since criminal records in Georgia are public, your conviction would appear on third-party background checks such as those conducted by a future employer. This could make getting a job, getting into your desired college, and advancing yourself difficult.

The surest way to avoid a conviction and the negativity that goes with it is to defend yourself diligently during the trial. A simple denial of the charges may not be enough to exonerate you. You’d likely need an experienced criminal lawyer to fight your charges and help you establish a suitable defense using their extensive knowledge of Georgia criminal law.

How an Atlanta Criminal Lawyer Can Help

The stakes are very high in any criminal case, and the value of having an Atlanta criminal defense lawyer in your corner from when you’re arrested to the conclusion of your case cannot be overemphasized. They can help your case in several ways, including the following:

Helping You Understand Your Rights

Every criminal defendant has certain constitutional and statutory rights, including the rights to a jury trial, against self-incrimination, and the presumption of innocence (that they are innocent until proven guilty).

An experienced criminal defense attorney can help you understand and protect these rights from infringement. Sometimes the prosecution may pressure you to waive some of your rights in exchange for some concessions via a plea deal.

Do not accept such agreements without the involvement of your criminal attorney. Your lawyer understands the long-term effects of such waivers and can help determine whether an acceptance benefits you in the long run.

Identifying Procedural Errors That Are Detrimental to Your Case

The prosecution and law enforcement agencies typically work together to investigate and build a criminal case. However, there are laws governing the investigation process which they sometimes overreach or apply erroneously. These errors could adversely affect the outcome of your case, which is why experienced criminal defense attorneys would go over the details of your case to be sure that no laws were broken or mistakes were made during the process that led to your arrest and during the trial.

Helping You Establish a Suitable Defense Before the Judge and Jury

It is not enough to state your innocence during a criminal trial. You need to establish a suitable defense in court and convince the jury that the prosecution’s case is ‘reasonably doubtful.’ An experienced criminal defense lawyer can help you formulate a suitable defense strategy and provide solid arguments that could convince the jury to decide in your favor.

Criminal defense lawyers are bound to employ their legal skills toward a favorable outcome for you. It is in your interest to avoid going to trial without one.