If you have been arrested and are facing misdemeanor charges in Georgia, one of the most concerning questions you likely have is whether or not you will go to jail. The answer to this question depends heavily on the details of your case and the circumstances of your situation. Understanding the potential outcomes of your case and the penalties you may incur is crucial in protecting yourself and your legal rights. Contact an experienced Cobb County criminal lawyer at Williamson Legal to set up your free consultation and secure skilled representation today.

What is a Misdemeanor?

A misdemeanor is a criminal offense that is less severe than a felony. It is still illegal and punishable under state law, but it carries less harsh penalties and is generally reserved for minor offenses. Most misdemeanors are non-violent crimes, though the severity of the offenses will vary depending on aggravating or mitigating factors.

Common examples of misdemeanors in Georgia include the following.

  • Driving under the influence
  • Domestic violence
  • Shoplifting
  • Stalking
  • Simple assault
  • Trespassing
  • Vandalism

Can I Go to Jail for a Misdemeanor in GA?

Yes, it is possible to go to jail for a misdemeanor conviction in Georgia. The main factor separating a misdemeanor from a felony offense is the allowed duration of imprisonment. Felony offenses are generally any crime that can result in incarceration for more than one year. This means that for a misdemeanor offense, you can be sentenced to jail for up to one year.

The standard punishments for misdemeanors are outlined in the Official Code of Georgia Section 17-10-3, which states that a misdemeanor can be penalized by the following.

  • Fines not to exceed $1,000
  • Confinement in a county or other jail for a total term not to exceed 12 months

If a sentence of 6 months or less is imposed, the judge can allow the sentence to be served on weekends or during the defendant’s nonworking hours. This allows you to continue working and maintaining parts of your everyday life while still serving your sentence.

If the misdemeanor offense was a traffic violation, the judge can also impose the following.

  • Reexamination by the Department of Driver Services to determine whether the individual is qualified to be licensed
  • Completion of a defensive driving course
  • Restriction or revocation of license

Will I Go to Jail?

While jail time is a potential consequence of a misdemeanor conviction, it does not mean that you will automatically be required to serve time. Most first-time offenders will not be sentenced to jail and may instead receive probation or just a fine.

Probation is one of the most common alternatives to jail time and allows you to remain free while meeting certain conditions like reporting to a probation officer regularly, submitting to drug and alcohol testing, maintaining employment, and more.

If you are facing misdemeanor charges and have questions or concerns about your potential consequences, reach out to a skilled defense attorney for more information today.