Do misdemeanors carry less weight than felonies? Technically, they do. Misdemeanors are certainly less serious than felonies, but that is common knowledge. 

What may not be common knowledge is that a misdemeanor conviction could result in a slew of significant penalties such as jail time, fines, probation and community service. 

While the criminal justice system treats misdemeanors as crimes that are less serious than felonies, they are still considered more serious than infractions. 

A few examples of misdemeanors include public intoxication, prostitution, trespassing, prostitution and some forms of domestic violence and DUI. 

That being the case, if you have been arrested or charged with a misdemeanor, you will want to consider consulting with an experienced misdemeanor lawyer like Hanlon Law about your case.

Below we break down into more detail about why you actually do need a lawyer for your misdemeanor charge. 

What Are the Penalties for a Misdemeanor? 

In Georgia, local ordinances make misdemeanors punishable by up to one year in jail. Fines can also range from $300 to $1000 while more serious misdemeanors are those of a high and aggravated nature in which fines can be as hefty as $5000. That’s quite a range! 

As we mentioned previously, penalties can include not just jail time and fines, but also the following: 

● community service hours 
● loss of right to possess a firearm (if charged with a family violence offense) 
● termination of federal financial aid for education (if charged with drug offenses) 
● loss of driving privileges 
● Publication of your photo for public records 

In addition to what we listed, a misdemeanor conviction would also mean that you would have a permanent criminal record. Unfortunately, a permanent criminal record would most likely affect your ability to get a job as well as access to higher education. 

Even what would be considered a small offense can alter your life for a lifetime. In other words, the consequences of a misdemeanor charge can drastically affect your livelihood. For example, if you are a parent, a small physical altercation with another person can potentially land you in jail for months or even longer, which would then affect your ability to care for your children. The harsh reality of that decision, especially for single parents, is that the children automatically become wards of the state. This abrupt separation would of course affect you as well as your children. Their emotional well-being would be severely impacted by even a few months of separation. 

Let’s just get into what you need to really consider if you don’t hire a criminal defense attorney if you have been charged with a misdemeanor. 

There is a Chance You Will Do Jail Time 

Being charged with any type of crime is definitely something that needs to be taken seriously. As a matter of fact, in the majority of jurisdictions, crimes are either classified as summary offenses, misdemeanors, or felonies. The classification of crimes is dependent on the maximum period of incarceration you would face if you are convicted. 

Depending on the type of misdemeanor you are charged with, you could face a maximum period of incarceration of up to five years if you are convicted. Spending any amount of time in prison may not be something you’d like to gamble with. That is why we recommend hiring a criminal lawyer to represent you in court.

Self-Representation or Hiring Counsel

Did you know that under the sixth amendment of the Constitution you are guaranteed the right to have counsel represent you in a criminal case? In some jurisdictions, you may actually be able to represent yourself, but only if you have the court’s permission to do that. Obtaining the court’s permission involves you, in a separate proceeding, having to make a knowing and intelligent waiver of your right to counsel by demonstrating your knowledge and understanding of the nature of the criminal process. 

Because it is highly unlikely that you could do this as someone who does not work in the legal field, the court could order you to hire counsel if you do not qualify for a public defender or court appointed attorney. Otherwise, you could be held in contempt of court. 

Before you decide to go to court on your own behalf, if you actually have that option, you should keep in mind that famous proverb: “he who represents himself has a fool for a client.”

A Criminal Record: Is it Temporary or Forever?

Whenever you are arrested, local law enforcement agencies will generate a criminal record in the database, and the whole process is recorded. It is not until the end of the criminal process that many jurisdictions will allow only non-conviction data to be expunged or erased. In other words, one’s arrest record can be removed, but not a record of conviction. 

The reality of having a permanent criminal record for any type of crime (i.e. felony, summary or misdemeanor offenses) is that it can have a severely negative impact on your life. The list of repercussions are long. It can mean you would be ejected from the military, from getting employment or from going to certain universities and colleges. 

There is also the matter of it seriously damaging your reputation, affecting your earnings potential and can cause you embarrassment and humiliation in your community. Fortunately, an experienced criminal defense attorney can help you avoid getting a permanent record.

All this to say that hiring an experienced criminal defense attorney would be a smart move to make as the criminal justice system can be challenging, even for misdemeanors. 

Be sure to contact a criminal defense lawyer who is extremely knowledgeable of the law and of the judges and prosecutors in your jurisdiction. 

By law, your legal counsel is required to represent you to the best of his or her ability and advise you of all possible consequences that could happen in a court of law. An attorney like Kim Stephens is someone you’ll want to advocate for you when you are facing criminal charges.