All defenses against the common misdemeanors in Cobb County courts revolve around the burden of proof. Procedural defenses reduce the amount of evidence prosecutors can use at trial. Substantive defenses erode the evidence presented. Affirmative defenses change the interpretation of circumstantial evidence.
A Marietta criminal defense lawyer is the common denominator to the top ten misdemeanors and their defenses. A partnership with a private defense lawyer usually results in a much better outcome than a partnership with a court-appointed lawyer or public defender. A private lawyer takes as much time as necessary to identify all possible defenses and use them to a defendant’s advantage, both at trial and during plea negotiations.
Driving Under the Influence
DUI, perhaps the most common misdemeanor in Georgia, often feature procedural and/or substantive defenses.
Police officers need reasonable suspicion to detain motorists. A police officer cannot detain John because he leaves a bar late at night. But he can be detained if he leaves a bar late at night and commits a traffic infraction, even a minor one.
Substantive defenses usually center on chemical test results. Breathalyzers have a number of flaws, mostly related to improper calibration. Blood tests are more reliable, but their results may have chain of custody issues.
DUI penalties include extended court supervision, fines, driver’s license suspension, mandatory alcohol education programs, and jail time. Moreover, DUI convictions lead to higher insurance costs and leave a permanent mark on your criminal record.
Theft
Theft (unlawfully taking someone else’s property with the intent to permanently deprive them of it) is another common misdemeanor crime in Georgia. State law divides theft into various degrees, with penalties ranging from fines to imprisonment. Usually, the penalty depends on the value of the stolen items.
Shoplifting, employee theft, and other forms of theft can lead to misdemeanor charges. Returning rental property past the due date could also constitute theft. Since theft is a crime involving moral turpitude, these charges can affect an individual’s personal and professional life.
Witness availability is one of the most common theft defenses. Several months usually elapse between the arrest date and trial date. Over that time period, many complaining witnesses either relocate out of the county or lose interest in the case.
Assault
Assault charges frequently arise from altercations between friends, family members, or strangers. Simple assault is hurting or threatening to hurt someone, while aggravated assault is hurting someone worse or using a deadly weapon.
Assault, like many other criminal offenses, also has consequences in civil court. If two people get in a fight at a bar, the bar’s owner could be financially responsible for damages.
Lack of probable cause is a defense in many assault cases. If police officers respond to a disturbance call, the tip must have been reliable. Many assault tipsters are nosy neighbors, not reliable informers.
Drug Possession
Drug possession is the unlawful possession of controlled substances. These cases often span a range of drugs from marijuana to prescription medications. These offenses illustrate all three kinds of defenses:
- Procedural: Officers cannot detain motorists simply because the occupants look or act suspiciously. Officers need more than a hunch.
- Substantive: Criminal possession has three elements (close proximity, actual knowledge, and exclusive control). Prosecutors must establish each element beyond any reasonable doubt.
- Affirmative: Drug lords coerce many people into possessing or delivering drugs. This coercion may be an overt or subtle threat.
Convictions for drug possession can lead to fines, probation, and mandatory drug education programs. Factors like the type and quantity of drugs involved influence the severity of penalties. Importantly, such offenses can also have long-lasting consequences. These consequences may affect an offender’s employment prospects and access to certain benefits.
Public Intoxication
PI charges could hold up in court if a person’s level of intoxication affects the ability to function safely in a public place. Although this infraction is usually a Class C misdemeanor, it can still result in fines and a tarnished legal record.
Criminal Trespass
Unlawfully entering or remaining on property, either enclosed or open, without the owner’s consent is criminal trespass in Georgia. This often involves scenarios like unauthorized entry into buildings or land. State law classifies criminal trespass into varying degrees, with penalties ranging from fines to a jail sentence.
Consent is affirmative and permanent. The owner must explicitly tell the defendant to leave. If the owner expressly or impliedly gave consent to enter, that consent is effective until revoked.
Disorderly Conduct
This misdemeanor offense in Georgia covers a broad spectrum of disruptive behaviors in public places. These behaviors can include fighting, using offensive language, or creating a disturbance that alarms or annoys others. The complaining witness issues we discussed above sometimes apply in disorderly conduct cases.
Reckless Driving
Drivers are reckless when they drive dangerously without valuing others’ safety on the road. This behavior can include excessive speeding, aggressive driving, and other dangerous actions.
In Georgia, reckless driving can lead to fines, license suspension, and even imprisonment. It is crucial for all drivers to prioritize road safety in Georgia. Importantly, they should also be aware of the potential legal consequences of reckless driving. After all, it does not only endanger lives but also carry significant penalties.
If another driver calls 9-1-1 and reports a reckless driver, that tip is usually reliable, if the tipster provided a detailed description of the vehicle.
Criminal Mischief
Criminal mischief is deliberately damaging or tampering with another person’s property without their consent. This misdemeanor crime covers a wide range of destructive acts which range from graffiti to vandalism.
Penalties for criminal mischief can vary. It depends on the extent of the damage and the value of the property affected in the criminal offense. Understanding the boundaries of property rights and the potential legal consequences for damaging or defacing property is always essential.
Probation Violations
Most misdemeanor convictions result in probation. Court supervision is unusually long and restrictive in Georgia. Furthermore, the burden of proof in a probation violation matter is only a preponderance of the evidence (more likely than not). Therefore, many defenses are unavailable.
A stitch in time usually saves nine. A Marietta criminal defense lawyer can ask a judge to ease the conditions of probation or even terminate it altogether, reducing the chances of a probation violation to almost nothing.
Misdemeanors are serious cases in Georgia. For a free consultation with an experienced Marietta criminal defense attorney, contact The Phillips Law Firm, LLC. The sooner you reach out to us, the sooner we start working for you.
