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Felonies are the most serious crimes in Georgia. Anyone convicted of a felony can end up in prison for more than a year and face other legal disabilities, including a loss of voting rights. These charges deserve a vigorous response, because the state is not obligated to take things easy on you. Instead, the prosecution could throw the book at you and seek maximum penalties.
The good news? It is possible to mount a strong defense, but you will benefit from the assistance of an experienced Carrollton, Georgia felony defense lawyer. Many people call our office asking what happens when you get charged with a felony. Below, we identify the key points to remember.
How Felonies Differ from Misdemeanors
Georgia has hundreds of crimes on the books. Why are felonies so much more serious?
Typically, felonies involve violence or serious bodily injury. For example, simple assault is a misdemeanor. But if you cause serious bodily injury, then you can face felony assault charges.
For theft and financial crimes, felonies involve greater financial loss than misdemeanors. For example, Georgia considers theft of $1,500 or less to be a misdemeanor, but theft of goods worth more than $1,500 to be a felony.
Because felonies are more damaging to society, felony charges in Georgia have longer sentences.
What Happens When You Get Charged with a Felony?
The police will arrest you and take you into custody. At the jail, you will be booked and offered the chance to call an attorney. Most defendants are arraigned before a judge within 24-48 hours. This is where the charges will be read against you, and you enter a plea.
Can you receive bail for felony charges in Georgia? Bail is usually money you pay into the court, which secures your release until trial. Bail money serves as security that you will show up at every hearing as required and ultimately attend your trial (if you have one). Release comes with a set of restrictions you must follow.
As a defendant facing felony charges, you might receive bail. Judges have discretion whether to award pretrial release based on various factors. One of them—your threat to society—will work against you if you are accused of a violent felony. But a Carrollton criminal defense lawyer can argue you are not a flight risk.
What Happens if You are Convicted of a Felony?
A felony conviction usually happens by pleading guilty or being convicted at trial. A judge will sentence a felon at a hearing.
Georgia does not classify felonies by degree—instead, each crime has its penalty range. Some examples include:
- Stalking (second conviction): 1-10 years in prison
- Aggravated assault: 1-20 years in prison
- Felony DUI: 90 days to 5 years in prison
You could end up with an enhanced sentence based on certain facts, like your criminal history.
Felons face other pressing concerns above and beyond any time behind bars. You might suffer various legal disabilities, such as a loss of voting rights or the ability to sit on a jury.
As a convicted felon, you cannot legally possess a gun, and you can face various criminal charges. Should you get caught with one, then you can face an additional felony charge and other headaches.
Avoiding a Felony Conviction
The best way to fight off a felony charge is to hire an experienced criminal defense lawyer to represent you. At Moffitt Law, LLC, we can get to work reviewing all available evidence and searching for other evidence that shows you are innocent, such as alibi witnesses.
Here are the primary ways to avoid a felony conviction:
- Negotiate a plea deal with the state to reduce felony charges to misdemeanors.
- Convince the prosecution to drop the charges, often because key witnesses are unavailable.
- File a motion with the judge to dismiss the charges. (if applicable)
- Enter a pre-trial diversion program that accepts felons.
- Win your case by convincing a jury to acquit you.
We will use our skills to find the best resolution based on the facts. Some defendants are better off accepting a plea, while others might have no choice but to fight for their freedom before a jury. There is no one right answer for every defendant.
Contact Us to Speak with a Carrollton Defense Lawyer
Facing a felony charges in Georgia is a terrifying experience, but a lawyer from Moffitt Law, LLC, can be beside you the entire way. Whether fighting for bail or negotiating a plea deal, our lawyers have your back. Reach out to learn more about how we can help with felony charges in a private meeting.
