Felonies in the state of Georgia are crimes that are punishable by one year or more imprisonment up to the highest possible penalty of death. Felonies often involve physical harm to a person or property, financial fraud, mishandling of firearms, or possession of drugs that are illegal in Georgia. Felony convictions have immediate and long lasting effects on your life and the lives of those around you. You could serve years in prison and decades on probation on top of difficulties finding housing and employment. When charged with felonies you need a seasoned, creative criminal attorney to protect your future. Your felony charges and your future are in the best hands with our team.
First Offender O.C.G.A. 42-8-60
Georgia law provides for anyone who has never been convicted of a felony to take advantage of the “First Offender Act”. This act allows for citizens to plead guilty to an underlying charge and agree to a probation sentence. Where this plea is different from a normal guilty plea is that once you complete a portion of the probation, your probation will end AND the conviction will be record restricted. This option allows for someone to move on from their mistake without becoming a convicted felon. The conditions and requirements of this sentence can be complicated, our attorneys set them up on a weekly basis. Adam Harkness will help you get your mistakes in the past and ensure it won’t affect your long term goals.
Conditional Discharge O.C.G.A. 16-13-2
Conditional Discharge is similar to First Offender except Conditional Discharge is primarily used for a drug related offense. This could be a possession offense or a property crime committed related to drug addiction. The benefits are the same in that once the probation is done, the charge and conviction will be record restricted. But with those benefits come the complexities of getting it set up and the necessity for you to have an attorney on your side who has put thousands of these deals together.
Misdemeanors
Most misdemeanors in the state of Georgia are crimes that are punishable at most with a $1,000 fine and up to 12 months in jail. While less serious than felony charges, confident and competent representation is still vital to ensure the protection of your rights and future. Misdemeanor convictions will show up on background checks run by potential employers, lenders, and leasing agencies.
Family Violence Act
Georgia law pays special attention to violent acts committed between “family members”. This includes parents, children, and anyone who you share a home with that are not your siblings. For example, if you commit a battery against your father then you can be charged with O.C.G.A. 16-5-23.1(f)(2) Battery (Family Violence). These charges have greater implications on your future. First, under federal law persons convicted of acts of Family Violence have limited gun rights. Second, although battery is when you cause substantial physical or otherwise visible bodily harm to another and is a misdemeanor, if you are convicted twice of Battery Family Violence the second conviction becomes a felony with a maximum sentence of five years. Don’t let a heated disagreement over the dinner table derail your future, call our team and let us sort your case out.
Should I plead guilty and get this all over with?
While it may seem to be the easiest solution, you should never plead guilty without discussing your case with a criminal defense attorney. The state is required to prove your guilt beyond a reasonable doubt, the highest standard in the Georgia judicial system. Having an experienced attorney holding the state to that standard often results in an outcome far better than you would get taking the “easy way out”. Our team will handle those tough negotiations while you focus on your life and loved ones.
Do I need an attorney in any criminal case?
Yes, you do! The only other option is to represent yourself which is discouraged by the legal system itself. You likely have never been in a courtroom in front of a robe wearing, gavel holding judge. Our team of criminal defense attorneys spends everyday either in courts or preparing for the next time they will be in court. You may
think your only options are to go to jail or stay out of jail while a criminal defense attorney uses creativity, knowledge of statutes, and persuasion to create a result you will be happy with. Every judge and prosecutor has preferences on how they work out their cases and our attorneys know how to make the pieces fall in place.
Pre-Trial Diversion
Pretrial diversion is a program established under O.C.G.A. 15-18-80 that allows for citizens accused of a crime to get a resolution to their case without having to go through the entire process. You may be required to do community service, pay a supervision fee, and stay out of trouble for up to 12 months. If you are able to complete all the conditions imposed on you, your charges will be dismissed and the case will be over.
Pretrial diversion is another chance where hiring our team of attorneys will help you get a better outcome. North Georgia Criminal Defense attorney Adam Harkness and Associates has set up hundreds of pre-trial diversions resulting in the dismissal of hundreds of charges and years of jail time has avoided for our clients. Give us a call or fill out the form on this page and Phil Rose, Attorney John Toney, or Attorney Adam Harkness will reach out to you on the next business day.