Facing a felony charge is one of the most serious legal challenges you or a loved one can experience. At Jacob Summer, Attorney at Law, we recognize the life-altering implications of a felony accusation and are committed to protecting your rights and future.

Our experienced criminal defense team understands the complexities of Georgia’s legal system and works tirelessly to build a strong defense tailored to your unique situation. From investigating the charges against you to challenging the prosecution’s evidence in court, we leave no stone unturned in our pursuit of justice for our clients.

In Georgia, criminal offenses are classified as misdemeanors or felonies, each carrying distinct penalties and long-term consequences. The type of charge determines the severity of the punishment and the legal process you will face.

Jail vs. Prison: What’s the Difference?

• Jail: Local facilities for individuals awaiting trial or serving sentences of less than one year.

• Prison: State or federally operated facilities reserved for convicted felons with sentences exceeding one year.

Misdemeanors in Georgia

Misdemeanors are considered less severe offenses than felonies. They are punishable by:

• Up to 12 months in jail or probation

• Fines

• Additional conditions such as community service, drug screenings, educational classes, or rehabilitation programs

Examples of Misdemeanors (with Code Sections):

• Traffic Violations: Minor infractions such as speeding or running a red light (O.C.G.A. § 40-6-1).

• Driving Under the Influence (DUI): Operating a vehicle under the influence of alcohol or drugs (O.C.G.A. § 40-6-391).

• Battery: Intentionally causing substantial physical harm or visible bodily harm to another (O.C.G.A. § 16-5-23.1).

• Simple Battery: Physical contact of an insulting or provoking nature or minor physical harm (O.C.G.A. § 16-5-23).

• Possession of Marijuana: Possessing less than one ounce of marijuana (O.C.G.A. § 16-13-2).

Felonies in Georgia

Felonies are serious crimes that often result in harsher punishments, including:

• Sentences exceeding one year in prison

• Hefty fines

• Long-term consequences, such as loss of voting rights, firearm restrictions, and challenges in securing employment

Examples of Felonies (with Code Sections):

• Murder: Unlawfully causing the death of another person with malice aforethought (O.C.G.A. § 16-5-1).

• Armed Robbery: Taking property by force with a weapon or a replica (O.C.G.A. § 16-8-41).

• Kidnapping: Abducting and holding a person against their will (O.C.G.A. § 16-5-40).

• Rape: Forcing sexual intercourse against someone’s will (O.C.G.A. § 16-6-1).

• Aggravated Child Molestation: Indecent acts that cause physical injury or involve sodomy with a child under 16 (O.C.G.A. § 16-6-4).

• Aggravated Sodomy: Sodomy committed with force and against the will of the victim or involving a victim under 10 years of age (O.C.G.A. § 16-6-2).

• Aggravated Sexual Battery: Non-consensual penetration with a foreign object (O.C.G.A. § 16-6-22.2).

Both misdemeanors and felonies carry serious implications that can affect your life for years to come. Hiring an experienced criminal defense attorney is essential to protect your rights, navigate Georgia’s legal system, and achieve the best possible outcome for your case.

Understanding the differences between these charges can help you take the right steps to safeguard your future. If you are facing criminal charges in Georgia, seek legal assistance immediately.

Felony charges in Georgia carry some of the most severe legal consequences. A felony conviction can result in penalties ranging from a minimum of one year in prison to life imprisonment or, in some cases, the death penalty.

Additional Consequences of a Felony Conviction

Beyond imprisonment, a felony conviction may strip you of several fundamental rights, including:

• The right to vote

• The right to hold certain public offices

• Firearm ownership rights

• Employment opportunities in specific industries

Georgia enforces stringent felony sentencing laws to address serious offenses. Key features include:

• Mandatory Minimum Sentences: Certain violent felonies require mandatory minimum prison terms without the possibility of parole during that period (O.C.G.A. § 17-10-6.1).

• Repeat Offender (“Recidivist”) Statute: Under O.C.G.A. § 17-10-7, individuals with prior felony convictions face enhanced sentences. For example, a fourth felony conviction can lead to the maximum sentence allowed for the crime, with parole eligibility restricted.

• Murder (O.C.G.A. § 16-5-1): Unlawfully causing the death of another person with malice aforethought.

• Rape (O.C.G.A. § 16-6-1): Engaging in sexual intercourse with any person forcibly and against their will.

• Manslaughter: Divided into two categories:

• Voluntary Manslaughter (O.C.G.A. § 16-5-2): Causing the death of another human being under circumstances that would otherwise be murder, if the act is committed in a sudden, violent, and irresistible passion resulting from serious provocation.

• Involuntary Manslaughter (O.C.G.A. § 16-5-3): Causing the death of another human being without any intention to do so, by the commission of an unlawful act other than a felony.

• Kidnapping (O.C.G.A. § 16-5-40): Abducting or stealing away another person without lawful authority or warrant and holding such person against their will.

• Treason (O.C.G.A. § 16-11-1): Knowingly levying war against the state, adhering to its enemies, or giving them aid and comfort.

• Aggravated Assault (O.C.G.A. § 16-5-21): An assault with the intent to murder, rape, or rob; with a deadly weapon; or with any object that, when used offensively, is likely to or actually does result in serious bodily injury.

• Aggravated Battery (O.C.G.A. § 16-5-24): Maliciously causing bodily harm to another by depriving them of a member of their body, rendering a member of their body useless, or seriously disfiguring their body or a member thereof.

• Arson (O.C.G.A. § 16-7-60): By means of fire or explosive, knowingly damaging or knowingly causing, aiding, abetting, advising, encouraging, hiring, counseling, or procuring another to damage any property without the consent of both the owner and the person in lawful possession.

• Robbery (O.C.G.A. § 16-8-40): With intent to commit theft, taking property of another from the person or the immediate presence of another by use of force, intimidation, or sudden snatching.

• Armed Robbery (O.C.G.A. § 16-8-41): Committing robbery while armed with a weapon, or any replica, article, or device having the appearance of such weapon.

• Racketeering (O.C.G.A. § 16-14-4): Engaging in, directly or indirectly, any pattern of racketeering activity or collecting an unlawful debt.

• Forgery in the First Degree (O.C.G.A. § 16-9-1): With intent to defraud, knowingly making, altering, or possessing any writing, other than a check, in a fictitious name or in such manner that the writing as made or altered purports to have been made by another person, at another time, with different provisions, or by authority of one who did not give such authority, and uttering or delivering such writing.

• Theft by Taking (O.C.G.A. § 16-8-2): Unlawfully taking or, being in lawful possession thereof, unlawfully appropriating any property of another with the intention of depriving them of the property, regardless of the manner in which the property is taken or appropriated.

The cost of hiring a criminal defense lawyer for felony charges in Georgia can vary significantly based on several factors. Below are the primary considerations that affect the overall cost of legal representation.

Attorney Fees

The rates charged by criminal defense attorneys depend on several factors, including:

1. Skills and Experience:

• Lawyers with more experience or a proven track record of success typically charge higher fees.

• Specialized attorneys who focus on specific felony charges may also command higher rates.

2. Severity of the Offense:

• Felony charges range from less severe (e.g., non-violent crimes) to serious offenses (e.g., murder or armed robbery).

• More severe charges may require additional time and resources, increasing legal fees.

3. Complexity of the Case:

• Cases involving multiple charges or intricate legal issues may take longer to resolve, resulting in higher fees.

4. Fee Structure:

• Flat Fee: A one-time fee for the entirety of your case, often used for straightforward cases.

• Hourly Rate: Charged for every hour the lawyer works on your case. Rates can range from $150 to $500+ per hour depending on the attorney’s experience and reputation.

Recommendation: Always discuss the fee structure and payment terms with your attorney during the initial consultation to avoid surprises later.

Hiring Investigators and Expert Witnesses

In some cases, your lawyer may recommend hiring investigators or expert witnesses to strengthen your defense.

1. Investigators:

• Private investigators may gather evidence, interview witnesses, or challenge the prosecution’s claims.

• Fees for investigators typically range from $50 to $150 per hour, depending on their expertise.

2. Expert Witnesses:

• Expert witnesses may provide specialized knowledge or testify in court to support your defense.

• For example, in DUI cases, an expert might analyze Blood Alcohol Content (BAC) results or field sobriety tests.

• Experts generally charge a retainer fee and additional fees for courtroom testimony or consultation, which can range from $1,000 to $5,000 or more depending on their credentials.

Other Potential Costs

• Court Fees: Filing fees and court costs may be added to your legal expenses.

• Appeals or Post-Conviction Work: If your case proceeds to appeal, additional costs may apply.

How to Manage Legal Costs

1. Shop Around: Compare rates and experience levels by consulting multiple attorneys before making your decision.

2. Discuss Payment Plans: Many criminal defense attorneys offer flexible payment plans to help clients manage costs.

3. Free Consultations: Some attorneys provide free or low-cost initial consultations to evaluate your case and explain their fees.

Do you or your loved one have an ongoing criminal investigation? At Jacob Summer, Attorney at Law, we understand the seriousness of a felony charge and are committed to fighting for your rights.

Our team of dedicated criminal defense lawyers is passionate about protecting individuals and ensuring fair treatment under the law.

How We Can Help

• Thorough Case Investigation: We thoroughly investigate the charges against you, reviewing all evidence presented by the prosecution.

• Challenging Evidence: We scrutinize the prosecution’s case, challenging evidence and ensuring your rights are protected in court.

• Strategic Defense: We offer personalized legal advice and build a solid defense strategy to help secure the best possible outcome for your case.

Contact Us Today

Schedule a confidential appointment to discuss your case with an experienced criminal defense lawyer. We are here to guide you through this challenging time and provide the legal representation you deserve.