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Georgia classifies most criminal offenses as misdemeanors or felonies. Both are serious, but defendants face different penalties and downstream consequences if they are convicted of a felony instead of a misdemeanor. Contact Moffitt Law, LLC, to speak with a Columbus criminal defense attorney if you are facing either charge. In this article, we look at the difference between misdemeanors and felonies. We encourage you to hire a seasoned defense attorney to ensure your rights are protected.
Felonies vs Misdemeanors: Sentencing
Felonies are more serious offenses than misdemeanors, so they carry a higher minimum sentence.
The main difference is that felonies carry a prison sentence of over 1 year and possibly much more.
By contrast, the maximum jail sentence for a misdemeanor is 12 months.
The precise prison sentence for a felony is determined by the crime. If you call our office, we can go over the criminal charges to determine your possible maximum sentence.
Felony Convictions & Loss of Civil Rights
Felons face certain downstream consequences after a conviction—in particular, they lose important civil rights:
- Voting rights. Convicted felons lose their right to vote until they complete their sentence or complete probation or parole. A convicted felon also must pay all associated fees before they can legally vote again.
- Jury service. A convicted felon cannot serve on a jury in Georgia.
- Public office. Convicted felons are also prohibited from holding or running for public office.
- Gun rights. Despite the Second Amendment’s guarantee of a right to own firearms, a convicted felon cannot legally possess a firearm. If you are caught with a gun, then you can face serious criminal charges.
It’s possible to have your right to serve on a jury or run for public office restored following the completion of your sentence. Getting back your gun rights is much harder, however, and might require seeking a pardon from the state.
Misdemeanor convictions do not result in the loss of these important rights. You can still vote if you are convicted of a felony and serve on a jury. However, some misdemeanor domestic violence convictions will impact your ability to legally own a gun.
Examples of Felonies and Misdemeanors in Georgia
There are hundreds of criminal offenses in Georgia. Let’s look at some.
Felonies:
- Forcible rape
- Kidnapping for ransom
- Enticement of a child under 16
- Murder
- Aggravated assault or battery
- Theft by extortion
- Sexual battery of a child
- Obstructing a police officer
- Drug possession
Misdemeanors:
- Disorderly conduct
- Public intoxication
- Driving without a license
- DUI (first offense)
- Petty theft
- Simple assault
- Simple battery
- Possession of less than an ounce of marijuana
Violent crimes, as well as most sexual offenses, are felonies because Georgia treats them very seriously. Misdemeanors are typically crimes where no one suffered a serious injury.
Should You “Plead Down” a Felony to a Misdemeanor?
Some prosecutors are willing to lower charges in a plea deal. For example, they might reduce an aggravated battery charge to a simple battery in exchange for you pleading guilty. Should you accept this invitation?
It depends. The primary benefit of accepting a plea deal is reducing your possible sentence. A misdemeanor should result in less possible time behind bars. A judge might also be more willing to consider sentencing alternatives for a misdemeanor conviction, such as community service or probation. Someone who fears going to jail or prison might grab at the offer to plead guilty to a misdemeanor.
Nonetheless, a misdemeanor is still a serious offense. It stays on your criminal record, and getting any conviction expunged is difficult. Defendants might end up having to explain their misdemeanor arrest and conviction for decades to come whenever they apply for a job or apply to a bank for a loan.
Review your options with an attorney. Determining your likely sentence rests on many factors, not simply whether you are charged with a felony or misdemeanor. We also need to look at your criminal history and the status of the victim. You could face enhanced penalties if you victimize a child or senior citizen.
Another consideration is the strength of the evidence. Some prosecutors offer a plea deal because they know the evidence is weak. It might make sense to continue to fight the charges by trying to keep evidence out of court or asking a judge to dismiss the case.
Schedule a Consultation with a Columbus Criminal Defense Lawyer
Moffitt Law, LLC, fights for the rights of the accused in Columbus and surrounding areas. Do not hesitate to contact us to speak with a lawyer with our firm. We can go into more detail about the difference between misdemeanors and felonies or answer any other questions you have.
