Understanding High and Aggravated Misdemeanors in Georgia

In Georgia, a misdemeanor is any offense committed within the state that is not classified as a felony or placed into any specific category by the Georgia Code. A felony is a crime punishable by death, life imprisonment, or imprisonment for more than 12 months. Misdemeanors, on the other hand, are less severe offenses that carry lighter but still significant penalties.

That said, misdemeanors in Georgia are classified differently from those in many other states. Rather than using “Class A/B/C” or “1st/2nd/3rd degree” categories, Georgia divides misdemeanors into regular (standard) misdemeanors and misdemeanors of a high and aggravated nature for sentencing. The Georgia Code also describes certain crimes as “forcible misdemeanors” if they involve the use or threat of physical force or violence.

Examples of High and Aggravated Misdemeanors in Georgia

While a misdemeanor is the general term for offenses less severe than a felony, certain kinds of misdemeanors are considered high and aggravated because they often involve repeat offenses or crimes against particularly vulnerable or protected victims. In other words, the presence of aggravating factors, such as a young or vulnerable victim, may elevate a misdemeanor from a regular offense to a more severe one, regardless of the nature of the case. Regardless, misdemeanors of a high and aggravated nature must be so designated by the statute creating the offense, and this is often reflected in the application of more stringent sentencing terms, as documented in Georgia Criminal Court Records.

For example, per O.C.G.A. § 16-5-23, simple battery occurs when a person intentionally insults or provocatively makes contact with another person or causes them physical harm. This offense is designated a misdemeanor. However, if the victim is a person above 65 years old or a pregnant female, the offense is elevated to a misdemeanor of high and aggravated nature.

Common examples of high- and aggravated-level misdemeanors are highlighted below:

Penalties for High and Aggravated Misdemeanors in Georgia

In Georgia, misdemeanors are punishable by a maximum of 12 months in a county jail, county correctional center, or similar facility. Convicts may also be subject to fines not exceeding $1,000 and probation, depending on the judge’s discretion.

Additionally, traffic offenders may, instead of or in addition to the standard punishment, face other penalties such as completion of a defensive driving course or suspension of driving privileges. By contrast, misdemeanors of a high and aggravated nature carry penalties similar to regular misdemeanors, except that the maximum fine increases to $5,000.

It is noteworthy that 1st, 2nd, and 3rd DUI offenses within a 10-year period carry minimum jail terms of 10 days, 90 days, and 120 days, and minimum fines of $300, $600, and $1,000, respectively. However, for a first offense, all but 24 hours may be suspended, stayed, or probated where applicable. For a second offense, all but 72 hours may be probated, and for a third offense, all but 15 days may be probated. Georgia’s impaired driving laws also include license suspension fees and clinical evaluation among punishments for DUI.

Note: Individuals may check the status of their driving violations, suspensions, and revocations on the Georgia Department of Driver Services (DDS) website.

Probation and Alternative Sentencing Options in Georgia

Probation in Georgia refers to an imprisonment term that offenders are allowed to serve outside of a jail as long as they strictly adhere to specific rules and restrictions. Per the Georgia Code, the standard misdemeanor punishments are subject to probation with imposed terms and conditions subject to the discretion of the sentencing judge. Typical probation requirements are highlighted in § 42-8-35 of the Georgia Code and include:

• Reporting periodically to an authorized probation officer or court (entities and individuals that offer probation supervision services are registered and regulated by the Misdemeanor Probation Oversight Unit)
• Avoiding violent acts
• Working at a suitable place of employment
• Remaining within a specified location
• Making restitution to the aggrieved person or the victim(s) of the offense
• Wearing an electronic traffic device

Community service and educational advancement programs are also provided as a possible probation term under §42-3-52 of the Georgia Code. Under the statute, the court may require an offender to perform community service (up to 40 hours per week) as an alternative to serving a jail sentence. Misdemeanors are also subject to a minimum community service length of 20 hours and a maximum of 250 hours, to be completed within a year.

Alternative sentencing options are also provided for specific offenses, such as DUI. For example, DUI offenders are required to complete a DUI alcohol or drug use risk-reduction program within 120 days following their conviction, which may also be a requirement for a judge to have all or part of their sentence suspended.

Can a High and Aggravated Misdemeanor Be Expunged or Sealed in Georgia?

Yes. While Georgia does not provide for true expungement (i.e., completely erasing criminal records as though they never existed), most misdemeanors may be restricted and sealed under the state's Second Chance Act. This means that access to the official Georgia criminal history report and court records associated with the restricted or sealed misdemeanor is removed from public view and is only available to law enforcement and some government agencies.

Generally, misdemeanors that did not result in a conviction are eligible for record restriction and sealing under Georgia law. However, if the misdemeanor ended in a conviction, remedies are available for:

• Retroactive first offenders as defined under §42-8-66 of the Georgia Code
• Persons who wish to restrict or seal up to 2 eligible convictions 4 years after their last conviction
• Survivors of sex or labor trafficking who committed the misdemeanor while they were trafficked or due to their trafficked condition

Record restriction and sealing in Georgia offer numerous advantages to the individuals involved, especially job seekers, who gain better chances of securing employment with a clear criminal record.

Long-Term Consequences of a High and Aggravated Misdemeanor Conviction

A permanent criminal record in Georgia may have long-term consequences for the individual beyond the statutory penalties. These may include:

• Limited access to housing
• Reduced eligibility for certain government programs
• Restricted educational opportunities
• Hindered job prospects
• Loss of specific civil rights

What to Do if You’re Charged with a High and Aggravated Misdemeanor in Georgia

Individuals facing high and aggravated misdemeanor charges in Georgia should make contacting a qualified Georgia misdemeanor defense attorney their first and most crucial step. An experienced attorney will review the case professionally to determine the best defense strategy or course of action to improve one's chances of achieving the best possible outcomes. With professional legal guidance, an accused person can:

• Better understand the charges.
• Know how to present themselves appropriately in court.
• Stay informed of the most recent happenings in their case.
• Have their paperwork and filings done conveniently.
• Benefit from skilled advocacy.
• Avoid common mistakes that may prove detrimental to their case.

It is noteworthy that every accused person in Georgia has the right to counsel. Consequently, individuals who cannot afford an attorney may qualify for representation through the Georgia Public Defender Council, which provides appointed counsel at no cost to ensure they receive proper advocacy in court.

Defendants may choose to waive their right to counsel. If they do, they are strongly encouraged to:

• Fully understand the charges against them so that they may prepare an effective defense.
• Attend all scheduled court hearings, as failure to appear may result in a bench warrant.
• Carefully review and respond to all legal notices to avoid missing important deadlines or incurring additional penalties.
• Gather and organize all necessary documents and evidence, ensuring they are prepared for filing and presentation in court.

Statute of Limitations for High and Aggravated Misdemeanors in Georgia

Generally, prosecutions for misdemeanors in Georgia are statutorily barred after two years from the date the offense was committed. This means that legal proceedings for high and aggravated misdemeanors not brought to court within this period may no longer be initiated.

However, exceptions exist to the general rule. For example, enticing a child for indecent purposes under § 16-6-5 of the Georgia Code becomes a misdemeanor when the victim is at least 14 but under 16 years old and the accused is 18 or younger and not more than four years older. In such cases, the offense carries no statute of limitations.

Notably, the statute of limitations for a particular offense may be tolled depending on the unique facts of the case. For example, child victims are protected from the statute of limitations until their 16th birthday, when time begins to run. Time also does not run during the period the accused is not resident in the state, is unknown, or the crime is not known.