What's the difference between a misdemeanor and a felony in Georgia?
A misdemeanor is punishable by up to 12 months in county jail and a fine up to $1,000 (O.C.G.A. § 17-10-3); a "high and aggravated" misdemeanor allows a $5,000 fine and limited earned time (O.C.G.A. § 17-10-4). A felony is any crime punishable by death, life, or more than 12 months in state prison (O.C.G.A. § 17-10-1). Georgia sets felony maximums offense by offense rather than using letter-grade classes, and serious violent felonies carry mandatory minimums.
How long does the State have to charge me with a crime in Georgia?
Under O.C.G.A. § 17-3-1, there is no statute of limitations for murder. Most felonies must be prosecuted within four years (seven years for felonies against victims under 18), other crimes punishable by death or life within seven years, forcible rape within 15 years, and misdemeanors within two years. Certain tolling rules can extend these deadlines, so timing should always be reviewed by an attorney.
When will I see a judge, and how does bond work?
After arrest you must be brought before a judicial officer within 48 hours if arrested on a warrant or 72 hours if arrested without one (O.C.G.A. § 17-4-62). At that first appearance, the charges are read and bond is addressed (O.C.G.A. § 17-6-1). Magistrates must set bond on misdemeanors, but the most serious felonies — murder, rape, armed robbery, aggravated sexual battery, and drug trafficking among them — can only be bonded by a Superior Court judge.
Should I talk to the police if I'm innocent?
No. You are presumed innocent, and the burden is entirely on the State to prove guilt beyond a reasonable doubt — you do not have to help them. Even truthful, well-intentioned statements can be misremembered, taken out of context, or used to fill gaps in the State's case. Politely invoke your right to remain silent and your right to counsel, then call a lawyer.
Can I clear a criminal charge or conviction off my record?
Often, yes. Georgia uses "record restriction" rather than expungement (O.C.G.A. § 35-3-37). Many dismissed, acquitted, or never-prosecuted charges qualify for restriction, sometimes automatically. Since 2021's SB 288 reforms, you may also petition to restrict and seal up to two eligible misdemeanor convictions after four conviction-free years. Some people may even retroactively obtain First Offender treatment (O.C.G.A. § 42-8-66). We review your full history to find every option.
Is my conversation with Morrison & Hughes confidential?
Yes. Communications with our attorneys for the purpose of seeking legal advice are protected by the attorney-client privilege and kept strictly confidential. Your initial consultation is free, private, and carries no obligation. We understand that being charged is frightening and personal — there is no judgment here, only a team committed to defending you.
How much does a criminal defense lawyer cost?
Criminal defense fees depend on the charge, the court, and the complexity of the case — they are not handled on a contingency basis the way injury cases are. We'll explain our fee clearly and up front during your free, confidential consultation, with no surprises. What's important to understand is that the cost of an experienced defense is almost always far less than the cost of a conviction on your record.
