In Georgia, a misdemeanor is a less severe criminal offense than a felony. The key difference lies in the penalties imposed. According to OCGA § 17-10-3, a crime is classified as a misdemeanor if:

• The maximum prison term is one year or less, and/or

• The offense carries a maximum fine of $1,000.

Beyond the legal penalties, it may also affect your employment opportunities, professional licenses, housing options, and reputation.

Whether you’re facing a misdemeanor or felony charge, the importance of having a skilled defense lawyer cannot be overstated. An experienced attorney can help protect your rights, explore all legal options, and work toward the best possible outcome for your case.

Jacob Summer, Attorney at Law, is dedicated to providing clients with strategic, personalized defense. With a strong commitment to communication and a focus on achieving favorable results, our firm stands ready to help you navigate the challenges of the legal system. Contact us today to schedule a free consultation and take the first step in defending your future.

Misdemeanors encompass a variety of offenses, each defined under specific sections of the Official Code of Georgia Annotated (OCGA). Here are some common misdemeanor crimes in GA:

• Simple Assault: Attempting to commit a violent injury or placing another in reasonable apprehension of such injury. It is generally punished as a misdemeanor, but certain circumstances can elevate it to a misdemeanor of a high and aggravated nature. 

• Simple Battery: Intentionally making physical contact of an insulting or provoking nature or causing physical harm to another. It is typically considered a misdemeanor, with enhanced penalties under specific conditions.

• Disorderly Conduct: Engaging in acts that provoke a breach of the peace, such as fighting or using obscene language in public.

• Reckless Driving: Operating a vehicle with reckless disregard for the safety of persons or property.

• Driving Under the Influence (DUI): Operating a vehicle under the influence of alcohol or drugs. A first or second offense is typically a misdemeanor, with increased penalties for subsequent offenses.

• Possession of Marijuana (Less than One Ounce): Possessing less than one ounce of marijuana is considered a misdemeanor in Georgia.

• Theft by Shoplifting (Property Valued at $500 or Less): Shoplifting merchandise valued at $500 or less.

• Criminal Trespass: Entering or remaining on someone else’s property without permission.

It’s important to note that certain misdemeanors can be elevated to “misdemeanors of a high and aggravated nature,” which carry more severe penalties, including fines up to $5,000.

The statute of limitations for most misdemeanors in Georgia is two years from the date of the alleged offense. This means law enforcement must file formal charges—either by obtaining an arrest warrant or filing an accusation in court—within that timeframe.

If a warrant is issued before the two-year limit expires, it remains valid indefinitely until resolved. Even years after the warrant is issued, it can still be enforced unless officially recalled or dismissed by the court.

This means the two-year statute of limitations applies to how long law enforcement has to initiate charges—not how long a warrant remains active.

Impact of an Outstanding Misdemeanor Warrant

• Visible on Background Checks: Arrest warrants are public records and can appear during background checks, potentially impacting employment or housing opportunities.

• Driver’s License Suspension: In some cases, an active warrant can lead to the suspension of your Georgia driver’s license.

Arrest at Any Time: Law enforcement can execute the warrant at any time, which may lead to unexpected arrests during routine traffic stops or other encounters.

In Georgia, individuals convicted of misdemeanor offenses could be sentenced to probation as an alternative to serving jail time. Misdemeanor probation allows offenders to remain in their community under supervision while complying with specific conditions imposed by the court.

How Misdemeanor Probation Works

• Sentencing to Probation:

After a misdemeanor conviction, a judge may sentence you to probation instead of incarceration or combine probation with a reduced jail sentence. Probation for misdemeanors generally lasts up to 12 months, though longer periods may apply for certain offenses, such as DUI.

• Conditions of Probation:

While on probation, you must follow court-ordered conditions, which can include:

• Regular check-ins with a probation officer

• Paying fines, court costs, and restitution (if applicable)

• Completing community service hours

• Attending mandatory programs, such as DUI school or substance abuse counseling

• Avoiding additional criminal activity

• Consequences of Violating Probation:

If you fail to meet the conditions of probation, your probation may be revoked. Revocation can result in additional penalties, including being sent back to jail to serve the remainder of your sentence.

In Georgia, certain misdemeanor criminal records can be restricted (commonly referred to as expunged), removing them from public view during background checks for jobs, housing, or licenses. While this process doesn’t completely erase the record—it remains accessible to law enforcement and judicial officials—it can help reduce barriers to opportunities.

Pathways to Record Restriction in Georgia

• Eligibility for Record Restriction by Petition (OCGA § 35-3-37)

Eligibility for record restriction by petition requires meeting specific criteria. The individual must have completed all terms of their sentence, including probation and fines. Additionally, at least four years must have passed since the sentence was completed, and the individual must have no pending charges or new convictions during this period.

The process for seeking record restriction involves filing a petition in the court where the conviction occurred. The prosecutor reviews the petition and may object if deemed necessary. The court then determines whether to approve the request for record restriction.

• Pardon

A pardon from the Georgia State Board of Pardons and Paroles can improve the chances of achieving record restriction.

While a pardon doesn’t erase the conviction, it acknowledges rehabilitation and may make record restriction more feasible.

• Youthful Offender Records

Individuals convicted of misdemeanors before the age of 21 may qualify for record restriction under certain conditions. This pathway is designed to give young offenders a second chance.

• Prosecutorial Discretion

In some cases, prosecutors may agree to dismiss or reduce charges as part of a plea agreement, potentially paving the way for record restriction.

Offenses Not Eligible for Record Restriction

Certain offenses are ineligible for restriction, including but not limited to:

• Family violence-related crimes

• Sexual offenses

• Serious traffic offenses, such as DUI or vehicular homicide

A skilled defense attorney plays a crucial role in guiding you through the complexities of the legal system. Here’s how professional legal counsel can make a difference:

1. Misdemeanor Defense: A lawyer can carefully evaluate the details of your case, identify weaknesses in the prosecution’s evidence, and craft a strong defense strategy. This may include negotiating a plea deal, challenging the charges, or advocating for a reduction in penalties to minimize the impact on your future.

2. Alternative Sentencing Options: An attorney can help you explore alternatives to incarceration, such as probation, community service, or rehabilitation programs. They will work to secure the best possible option for you, ensuring you meet all the requirements and avoid the long-term consequences of incarceration.

3. Record Expungement: If you are eligible for record restriction or expungement, a lawyer can guide you through the process, file the necessary petitions, and advocate for your record to be cleared. This can provide a fresh start by eliminating the long-term impact a criminal record can have on employment and personal life.

Protect Your Future with Jacob Summer, Attorney at Law

When facing a misdemeanor charge, navigating alternative sentencing, or seeking record expungement, having the right legal advocate makes all the difference. Jacob Summer, Attorney at Law, is dedicated to providing clear guidance, strong defense strategies, and personalized support for your case. Whether you need help pursuing probation, exploring other sentencing options, or clearing your record, Jacob is here to protect your rights and secure the best possible outcome.

Contact Jacob Summer today to schedule your free consultation and take the first step toward resolving your legal challenges with confidence.

What Should I Do If I Have a Warrant?

If you believe you have an outstanding warrant for a misdemeanor or felony offense in Georgia, it is crucial to take action immediately:

• Confirm the Warrant: Conduct a background check or contact local law enforcement to verify the existence of a warrant.

• Consult an Attorney: An experienced criminal defense lawyer can help resolve the warrant, negotiate surrender terms, and address the underlying charges.

Do First-Time Misdemeanor Offenders Go to Jail in Georgia?

In Georgia, many first-time misdemeanor offenders do not go to jail, particularly when charged with non-violent offenses. Georgia law often provides alternative sentencing options for low-risk, first-time offenders, allowing them to avoid incarceration.

What Are the Alternative Sentencing Options for First-Time Offenders?

For many misdemeanor charges, judges may offer alternatives to jail time, such as:

• First Offender Act (OCGA § 42-8-60): Allows eligible individuals to plead guilty but avoid a conviction record if they successfully complete their sentence, including probation or other court-ordered requirements.

• Probation: Serving the sentence under court supervision instead of incarceration.

• Community Service: Completing a set number of service hours in lieu of jail time.

• Fines: Paying financial penalties as part of the sentence.

• Counseling or Treatment Programs: Participating in anger management, drug or alcohol counseling, or other rehabilitation programs.

• Pretrial Diversion Programs: For some offenses, first-time offenders may qualify for a program that, upon successful completion, results in dismissed charges and no criminal conviction.

When Is Jail Time Required for Misdemeanors?

While alternatives are common, jail time may still be imposed for:

• Offenses involving violence or significant harm.

• Serious traffic violations, such as DUI, where mandatory minimums may apply.

• Failure to comply with probation terms or other court-ordered conditions.

Can Georgia Drivers Be Charged With a Misdemeanor for Reckless Driving?

Yes, reckless driving in Georgia is classified as a misdemeanor offense under OCGA § 40-6-390. The penalties for a reckless driving conviction may include:

• Fines: Up to $1,000

• Jail Time: Up to 12 months

• Points on Driving Record: Adds four points to your license

• License Suspension: Possible suspension depending on prior offenses

What Constitutes Reckless Driving in Georgia?

Reckless driving is defined as operating a vehicle with a willful disregard for the safety of people or property. Examples include excessive speeding, tailgating, ignoring traffic signals, weaving in traffic, racing, and driving with mechanical defects.

When Does Reckless Driving Become a Felony?

Penalties for reckless driving can become more severe in the following situations:

• Fleeing or Eluding Law Enforcement: If a driver attempts to evade a police officer, the charge may escalate to a felony.

• Causing Severe Injury or Death: Reckless driving resulting in serious injury or death may lead to felony charges, such as vehicular homicide or serious injury by vehicle, with guaranteed prison terms.

• Additional Traffic Violations: Combining reckless driving with other offenses, such as DUI or aggressive driving, can result in increased fines and penalties.