Misdemeanor Offenses

What is a Misdemeanor?

A misdemeanor is any criminal offense punishable by up to 12 months in jail and/or a fine not exceeding $1,000. Misdemeanor offenses are lower level charges as compared to felony criminal charges. Georgia law divides misdemeanors into two main categories:

1. General Misdemeanors: Standard offenses not elevated by aggravating factors. Typically these are somewhat trivial, but none the less, against existing laws.
2. High and Aggravated Misdemeanors: are elevated offenses that carry harsher penalties. The existence of certain specific can move a misdemeanor charge to high or aggravated.

Examples of Misdemeanor Offenses

Common misdemeanor offenses in Georgia include:

• DUI (first, second offense)
• Simple assault and simple battery
• Petty theft and shoplifting
• Criminal trespass
• Disorderly conduct and public drunkenness
• Reckless and careless driving
• Possession under one ounce of marijuana
• Violation of protective order
• Simple obstruction
• Resisting arrest

Some misdemeanors, such as a third DUI or battery against a pregnant woman, may be charged as high and aggravated misdemeanors due to aggravating circumstances

Consequences and Penalties

Standard Misdemeanor Penalties

• Up to 12 months in jail
• Fines up to $1,000
• Probation
• Community service
• Restitution to victims

High and Aggravated Misdemeanor Penalties

• Up to 12 months in jail
• Fines up to $5,000
• Harsher probation conditions or additional penalties

Other Potential Consequences

• Permanent criminal record, which can affect employment, housing, and professional licensing opportunities
• Loss of certain civil rights (e.g., firearm possession restrictions)
• Increased penalties for future offenses, especially if the current misdemeanor is a repeat violation.

Long-Term Impact

A misdemeanor conviction in Georgia can have lasting effects beyond immediate penalties. It may hinder job searches, limit access to housing, affect eligibility for certain government programs, and create barriers to educational opportunities. Repeat offenses or aggravating factors can escalate charges and result in even more severe consequences.