For those accused of a crime, navigating the criminal justice system can be complex and unpredictable. For example, what determines the penalty for a specific crime, and how do state laws differ from federal ones? While Georgia operates under the Constitution and other national framework, it also gets to establish its own rules. To learn more about criminal law in this Southern state, take advantage of the following guide.

How Criminal Charges Are Decided

In general, misdemeanors are less severe than felonies under Georgia criminal law. The typical misdemeanor will come with a jail sentence of one to 12 months, as well as fines of up to $1,000. Felonies, on the other hand, receive sentences in years. 

In many cases, the severity of the charge is dictated by the dollar amount at stake—such as how much the drugs cost that were in the defendant’s possession, or the value of the items they’re accused of stealing.

For example, if less than one ounce of marijuana is found on someone, the charge will be a misdemeanor—but over one ounce is more likely a felony. If someone is caught stealing from an electronics store, a device worth more than $300 would constitute a felony. Crimes that deal with property damage will also hinge on the cost—over $500 worth of damage is considered a second-degree felony.

How Georgia Criminal Law is Unique

In Georgia, there are a number of legal specifications not found in other states. For example, it’s possible to be charged with “simple battery” if you’re caught slapping someone—whether you were aware of the law or not. It’s also a criminal offense to give a police officer the wrong name or birth date. 

Georgia also has strict invasion of privacy laws. Whether you’re recording a video or even eavesdropping, you could be charged with a crime for infringing on someone’s private activities without their consent.

Another legal exception specific to Georgia is the Age of Consent, or the point at which an individual has the legal right to consent to sexual activity. While many states have made 18 the age of consent, it is set at 16 in Georgia.

If you’re interested in learning more about criminal law, reach out to the Law Office of Daniel P. Hoffey in Atlanta, GA. This attorney is approved to practice in a number of environments, including the Georgia State Court, the Georgia Court of Appeals, and the U.S. Supreme Court. Whatever charges you’re facing, Attorney Hoffey will use a personalized approach to fight for your rights. To learn more about his practice areas, visit the website. You can also call (770) 438-2111 to schedule a consultation.