Misdemeanor Defense

Savannah Misdemeanor Defense Attorneys

Helping Clients Avoid Criminal Convictions

No one likes being charged with a crime, and misdemeanor charges are no different. Many individuals charged with misdemeanors make a critical mistake by waiting to hire an attorney to assist them with their legal needs. All too often, people mistakenly believe that misdemeanors are less severe than felony charges. However, a misdemeanor conviction can have a profoundly negative impact on your personal life, making it challenging to move forward.

If you are facing misdemeanor charges, you need a criminal defense attorney who will work to secure a favorable outcome for your case. Our Savannah criminal defense team has comprehensive experience helping clients through the legal process. Contact our law firm today to schedule a free consultation, where we can review your case.

What is Considered a Misdemeanor in Georgia?

Georgia law divides criminal offenses into two categories: misdemeanors and felony charges. Under the law, misdemeanor offenses are considered less severe than felonies and are generally punishable by up to 12 months in jail, with a possible fine of up to $1,000. While some violent crimes may be classed as misdemeanors, most are considered felonies.

However, depending on the circumstances involved, some criminal charges can be enhanced and classified as misdemeanors of a “high and aggravated nature.” Misdemeanors of a high and aggravated nature are considered more serious than standard charges but do not meet the legal standard to be pursued as felonies. If you are convicted of a high and aggravated misdemeanor, you could be sentenced to up to 12 months of jail time and a fine of up to $5,000.

It is worth noting that although a misdemeanor is considered a lesser offense, it is still a crime. Without legal representation, a conviction can have a lasting impact on your life.

What are Some Examples of Misdemeanor Crimes?

Some common examples of misdemeanor crimes in Georgia include:

  • Disorderly conduct
  • First or second offense DUI
  • Possession of less than an ounce of marijuana
  • Reckless driving
  • Simple assault or domestic violence
  • Shoplifting, under $500
  • Trespassing

High and Aggravated Misdemeanors

Although under Georgia law, a high and aggravated misdemeanor is not viewed as seriously as a felony, it can still have severe legal implications. Common examples include:

  • Aggressive driving
  • Battery against a pregnant woman
  • Simple assault against a vulnerable adult or family member
  • Third or subsequent DUI within 10 years

What are the Long-Term Consequences of a Misdemeanor Conviction?

A common misconception is that a misdemeanor record will not result in long-term consequences. For example, many employers are hesitant to hire anyone with a criminal background, especially if the case involved theft, drunk driving, or drug charges. In other cases, some employers run periodic background checks that easily detect new charges or convictions.

Individuals interested in pursuing a career in healthcare or education may encounter barriers when attempting to obtain a professional license. Licensing boards have strict rules regarding criminal convictions, and even a misdemeanor can disqualify applicants.

Additionally, most rental agencies and many landlords also conduct background checks to ensure the safety of their tenants. Federal law also allows housing authorities to deny public assistance benefits to those who have been convicted of criminal offenses. Finally, many higher learning institutions are reluctant to enroll students who have a criminal background in the interest of public safety.

Why Do I Need to Hire a Misdemeanor Defense Attorney?

The legal process involved in the Georgia criminal justice system can be overly complex and challenging if you lack legal experience. Anyone who has been charged with a misdemeanor should hire a criminal defense lawyer immediately to begin working on their case. Even if you believe that you are under criminal investigation, it is best to seek legal representation as soon as possible to protect your rights.

Some of the most significant benefits of hiring a defense attorney include:

  • Professionally Assess Your Case: Your criminal defense attorney will professionally evaluate the state’s evidence to identify weaknesses in the case
  • File Motions and Legal Paperwork: Based on the evidence, your attorney can file motions asking that the evidence be excluded
  • Negotiate With the Prosecutor: One of the most significant legal services attorneys provide to clients is negotiating with prosecutors to try to have charges dropped or reduced
  • Take the Case to Court: If negotiations fail, a defense attorney will take the case to court and build a solid defense strategy to present to the judge or six-person jury

If you are facing a misdemeanor criminal case, contact Scheer, Montgomery & Call, P.C., so that we can determine your legal options.

What are Some Legal Defense Strategies Attorneys Use to Fight Misdemeanor Charges?

A knowledgeable attorney has several legal defense strategies at their disposal to fight criminal charges. It is worth noting that any legal strategies your attorney uses will significantly depend on the facts involved in the case. Some of the most common defenses include:

  • Challenging the Evidence: One of the primary roles of a criminal defense attorney is to challenge the evidence and identify inconsistencies in the state’s case. If the evidence lacks credibility, your attorney can file a motion asking that it be excluded
  • Self-Defense: An attorney may be able to prove that you were acting in self-defense to prevent yourself or others from being harmed
  • Alibi: If your attorney can provide evidence that you were at another location at the time of the crime, that can argue that the charges should be dropped
  • Lack of Intent: Your attorney can present evidence that your actions were accidental and that you did not intend to commit the crime you are charged with. The lack of intent defense is often used in property damage and shoplifting cases
  • Violation of Constitutional Rights: A knowledgeable attorney may be able to present evidence that the police officer violated your rights. Suppose you were arrested and accused of DUI. Your legal representative may be able to dash and body cam footage to prove that the officer did not have probable cause to initiate the stop, and therefore, the evidence should be thrown out.

Will My Misdemeanor Case Have to Go to Trial to Be Resolved?

If you have been charged with a misdemeanor, one of your biggest fears may be having to go to trial to resolve the matter. Some defendants think they should plead guilty to avoid facing a judge, or going through jury selection can be an overwhelming prospect. However, most defendants facing criminal charges have their cases resolved through negotiations between their defense lawyers and prosecutors.

After your attorney has thoroughly evaluated the evidence, they can point out inconsistencies in the prosecution’s case to try to have your charges dropped or reduced. In some instances, a prosecutor may offer to reduce the charges if you agree to plead guilty to a lesser charge.

If plea bargaining does not resolve the matter, then your case will have to go to trial. Regardless of the charges you are facing, you must always choose a lawyer who has considerable courtroom experience.

Scheer, Montgomery & Call, P.C. is a Chatham County law firm dedicated to helping clients resolve their legal issues out of court, allowing them to return to their everyday lives. Contact us today to speak with a skilled criminal defense lawyer who will thoroughly evaluate your case and address your legal concerns.

Can a Misdemeanor Be Expunged?

One of the most common questions criminal defense attorneys are asked concerns whether a misdemeanor on their criminal record can be expunged. Georgia law does allow some misdemeanors to be sealed. Under the law, individuals are allowed to have up to two misdemeanors sealed if they meet specific eligibility criteria. Having a record sealed means that it will not be accessible to the general public, including potential employers and other interested parties. Nevertheless, even though the record is sealed, it is still available to law enforcement agencies.

To apply to have your record sealed, you must have completed the terms of your sentence and had no other convictions for at least four years. However, specific misdemeanor convictions are not eligible to be sealed, including those related to DUI cases, specific drug charges, or domestic violence.

The best way to avoid having to worry about having a criminal record is to hire a misdemeanor defense lawyer who will fight to have your case dismissed. Studies show that hiring a lawyer significantly increases your chances of obtaining a favorable outcome for your case and avoiding a criminal conviction.

Why Should I Trust Your Savannah Criminal Defense Attorney to Handle My Case?

Scheer, Montgomery & Call, P.C. has a proven record of helping the citizens of Chatham County resolve their legal issues. Our legal team comprises a former prosecutor and other professionals with extensive experience in law enforcement. When you come to us for help, we will determine the legal options that best suit your needs and work to secure the most favorable outcome for your case.

Whether you have been charged with drunk driving, drug crimes, or other misdemeanor offenses, contact our law firm today at 912-233-1273 to schedule a free consultation to learn more about our legal services.