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What is the difference between a felony vs misdemeanor? A misdemeanor is defined as a minor crime, usually carrying with it a jail sentence of 12 months or less, a crime which carries a minimum jail time of 1 year or more is classed as a felony under Georgia law.
The laws in Sandy Springs and Atlanta and other parts of Georgia differ from those in other states because crimes are designated either as a misdemeanor or felony. Most other states designate felonies a class 1 or class A felony, etc.
Misdemeanor crimes such as theft and simple possession of drugs are generally punished by shorter prison sentences. Felony crimes such as armed robbery, child molestation, aggravated child molestation, rape, and kidnapping carry longer prison sentences and may include life in prison. Murder can be punished by sentences as severe as life with or without parole or death. Georgia code states that a term of 25 years to life, without parole, is the punishment for rape.
A sentence which includes prison time may also include probation. Probation is usually served after completing the incarceration portion of a sentence. Parole is when a person is released early from their prison sentence and is conditioned upon complying with the rules of parole. A violation can cause the person to be sent back to prison to complete their prison sentence. Violating probation can cause one to end up in prison.
The prosecution must prove a violation of probation by a preponderance of the evidence. Many times probation officers are not able to prove the violation took place. This is especially true when the accused has a seasoned criminal defense attorney on their side. Even if the violation can be proven, an attorney can achieve the best possible outcome. Criminal law attorney Richard Blevins knows the law, the evidence requirements, and is able to discuss the strengths and weaknesses of the case with the prosecutor. (Attorney Richard Blevins is a former prosecutor) This, in turn, leads to better results for the accused.
There is a period of time called a statute of limitations applicable to all crimes with the exception of murder. The statute generally begins to run from the date of the offense. If a person is not prosecuted, with certain exceptions, within the applicable statute of limitations, the prosecutor may be barred from pursuing the case. There is no statute of limitations for murder.
A good criminal defense attorney can make all the difference when it comes to deciding whether your crime is a felony vs misdemeanor. If you’re not from this country and your legal status is a factor, be sure to seek the counsel of an experienced immigration attorney in Atlanta. As discussed above, the difference between the two can be very significant. A criminal record from a conviction can affect you the rest of your life. Not to mention serving jail time.
For solid and experienced representation from a Sandy Springs and Atlanta criminal defense attorney, call attorney Richard Blevins at (770) 419-1945 or contact us online to set up your free consultation.
Former Cobb Assistant District Attorney | Former Cobb Assistant Solicitor General | Former Baldwin Co. Sheriff’s Deputy | Former DeKalb County Police Officer | Former Milledgeville Police Officer | Former U.S. Army M.P.
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