List of Misdemeanors in Georgia: Common Charges and Examples

What Is a Misdemeanor in Georgia?

A misdemeanor in Georgia is a criminal offense less serious than a felony but more serious than a local ordinance violation. Misdemeanors are usually tried in state court or municipal court rather than superior court. Shoplifting merchandise worth $500 or less from a retail store is a common example of a misdemeanor.

Georgia has two misdemeanor categories.

• Standard misdemeanors carry up to 12 months in county jail, a fine of up to $1,000, or both under Georgia law on standard misdemeanor penalties.
• Misdemeanors of a high and aggravated nature carry up to 12 months in jail and a fine of up to $5,000 under Georgia law on high and aggravated misdemeanor penalties.

Both leave a criminal record. That record can affect jobs, housing, and licensing. It helps to know where your charge falls.

Misdemeanor vs. Felony: Examples of Felonies and Misdemeanors

The line between a misdemeanor and a felony often turns on the facts. The dollar amount, the injury, or the drug type and amount can change the charge. Here are some examples.

• Theft by shoplifting: Taking merchandise worth $500 or less is a misdemeanor. Taking merchandise worth more than $500 is a felony punishable by one to ten years in prison.
• Battery: Simple battery – intentionally making physical contact of an insulting or provoking nature – is a misdemeanor. Aggravated battery, which involves serious bodily harm, is a felony.
• Drug possession: Possessing one ounce or less of marijuana is a misdemeanor under the Georgia marijuana statute. Possessing more than one ounce is a felony.
• DUI: A first or second DUI is typically a misdemeanor. A fourth DUI conviction within ten years is charged as a felony.

These lines matter. A felony conviction carries state prison time, while a misdemeanor typically means county jail. Prosecutors often have room to choose how to charge a close case. That is why criminal defense help matters early.

Common Georgia Misdemeanors: Examples and Full Charge List

This misdemeanor list of crimes covers the charges most commonly filed in Georgia courts. The list of misdemeanor charges below is grouped by type. These charges fill state and municipal court dockets.

Theft and Property Misdemeanors

Shoplifting under $500 is among Georgia's most common charges. Under Georgia law, shoplifting involves concealing merchandise, altering price tags, or switching labels. The intent must be to avoid paying the full price. Taking $200 worth of clothing from a store without paying is a misdemeanor shoplifting charge. A fourth shoplifting conviction becomes a felony carrying one to ten years, whatever the value.

Theft by taking of $1,500 or less covers broader theft scenarios. Taking a bike from a yard or cash from an unlocked car both qualify.

Criminal trespass involves entering another person's property for an unlawful purpose. It also covers entering or staying after the owner has forbidden it. A common example is refusing to leave a store after the owner asks.

Criminal trespass by property damage covers intentionally damaging another person's property where the damage is $500 or less. Keying a car or breaking a window are typical examples. Damage above $500 is criminal damage to property in the second degree, which is a felony carrying one to five years.

DUI and Traffic Misdemeanors

Driving under the influence (DUI) on a first or second offense is a misdemeanor under Georgia's DUI statute. Georgia law makes it illegal to drive with a blood alcohol concentration of 0.08 percent or higher. It is also illegal to drive while under the influence of alcohol or drugs to the extent that it is less safe to drive. A third conviction within ten years is a high and aggravated misdemeanor, and a fourth or later conviction within ten years is a felony.

Reckless driving involves operating a vehicle with reckless disregard for the safety of persons or property. Weaving through traffic at high speed is a typical example.

Driving on a suspended license and hit and run involving only property damage are also traffic misdemeanors. These charges often come with DUI arrests.

Assault, Battery, and Domestic Misdemeanors

Simple assault occurs when a person attempts to commit a violent injury. It also occurs when a person commits an act that places another person in reasonable fear of immediately receiving a violent injury. Raising a fist at someone can support a simple assault charge.

Simple battery involves intentionally making physical contact of an insulting or provoking nature. It also covers intentionally causing physical harm. Shoving someone during an argument is a common example. For more on battery charges, talk to a qualified attorney.

Family violence battery is a misdemeanor on a first offense when committed between spouses, co-parents, or other household members. However, a second family violence battery conviction becomes a felony. First-offense family violence simple battery is punished as a misdemeanor of a high and aggravated nature.

Drug and Alcohol Misdemeanors

Possession of one ounce or less of marijuana is a misdemeanor under Georgia law. Possessing any amount over one ounce is a felony. Type and amount are what matter. Possession of harder drugs like cocaine or methamphetamine in any amount is typically charged as a felony.

Possession of drug-related objects is a misdemeanor. That covers pipes, rolling papers used with marijuana, and similar items.

Public drunkenness involves appearing in an intoxicated condition in a public place. The condition must be made manifest by boisterous or indecent conduct, or by vulgar, profane, or loud language. Minor in possession of alcohol and open container violations are also misdemeanors.

Disorderly Conduct and Public Order Misdemeanors

Disorderly conduct covers acting in a violent or tumultuous manner toward another person. It also covers using fighting words that tend to incite an immediate breach of the peace. A shouting match outside a bar that turns into threats can lead to this charge.

Obstruction of a law enforcement officer can be a misdemeanor. It involves knowingly and willfully hindering an officer in carrying out official duties. Refusing a lawful order to disperse is one example.

Public indecency and loitering are also misdemeanors. Both appear often on Georgia court dockets.

Misdemeanor Penalties in Georgia

Georgia judges have broad discretion at sentencing. Here are the statutory ranges.

• Standard misdemeanors: Up to 12 months in county jail, a fine of up to $1,000, or both.
• High and aggravated misdemeanors: Up to 12 months in county jail, a fine of up to $5,000, or both.

Beyond jail and fines, courts often add probation, community service, and required treatment. DUI convictions may require alcohol risk reduction classes. Battery convictions may include anger management classes.

Georgia law allows judges to permit weekend confinement or confinement during nonworking hours for sentences of six months or less. This can help a defendant keep a job while serving a sentence.

Collateral consequences can outlast the sentence. A misdemeanor conviction creates a record that shows up on background checks. That can affect jobs, housing, and licensing. Certain convictions, like family violence battery, may restrict firearm rights. Noncitizens may face deportation or inadmissibility.

What Qualifies as a "High and Aggravated" Misdemeanor

Georgia's high and aggravated category sits above a standard misdemeanor but below a felony. Under Georgia law, the maximum fine increases to $5,000. A person convicted of a high and aggravated misdemeanor may earn no more than four days per month of earned time allowance while incarcerated. That means less good-time credit and more actual time served.

These crimes are high and aggravated misdemeanors.

• Third DUI conviction within ten years
• Family violence simple assault or simple battery (first offense)
• Simple battery against a person 65 or older, a pregnant woman, a police officer, a school employee, or a sports official
• Simple assault in a public transit vehicle or station
• Certain sexual battery offenses
• A second or third conviction for driving on a suspended license within five years

The higher grade reflects a legislative view that these offenses do more harm. They still stay below felony level.

Can a Misdemeanor Be Expunged or Restricted in Georgia?

Georgia says "record restriction" rather than expungement. Under Georgia's record restriction statute, some criminal records may be restricted from public view. The record still exists. It just does not appear on standard background checks.

These records may be eligible for restriction.

• Cases that resulted in dismissal or acquittal
• Charges resolved through pretrial diversion or conditional discharge
• Certain misdemeanor convictions, depending on the offense and the person's record
• Cases where a defendant completed first-offender treatment and was discharged without a conviction

It depends on the charge, how the case ended, and whether you have other convictions. Not all misdemeanors qualify. Anyone weighing record restriction should talk to a licensed Georgia defense lawyer.

Charged With a Misdemeanor in Georgia? Talk to a Defense Attorney

Misdemeanors carry lighter penalties than felonies. A conviction still creates a permanent criminal record. That record can follow you for years through job interviews and housing applications.

Kohn & Yager LLC focuses on Georgia criminal defense. That work covers DUI, theft, shoplifting, battery, drug possession, and disorderly conduct. Every case is different, and results depend on the specific facts and circumstances involved.

Facing a misdemeanor charge in Georgia? Contact Kohn & Yager LLC for a free consultation. Our attorneys can review your case, explain your options, and work to protect your rights. Call our office or submit a contact form to get started.

Frequently Asked Questions

What Are 5 Examples of Misdemeanors in Georgia?

Five common misdemeanors in Georgia include shoplifting merchandise worth $500 or less, simple battery, first-offense DUI, possession of one ounce or less of marijuana, and disorderly conduct. Each carries up to 12 months in county jail, though actual sentences vary depending on the circumstances.

What Is the Maximum Penalty for a Misdemeanor in Georgia?

A standard misdemeanor carries up to 12 months in county jail and a fine of up to $1,000. A misdemeanor of a high and aggravated nature carries up to 12 months in jail and a fine of up to $5,000. Judges may also order probation, community service, or treatment.

What Is the Difference Between a Misdemeanor and a Felony in Georgia?

A misdemeanor is a less serious criminal offense punishable by up to 12 months in county jail. A felony is more serious and may result in state prison time exceeding 12 months. The same conduct – shoplifting, for example – can be a misdemeanor or a felony. It depends on the dollar amount or other aggravating factors.

Will a Misdemeanor Show Up on a Background Check in Georgia?

Yes. A misdemeanor conviction usually shows up on background checks. The exception is a record restricted under Georgia's record restriction statute. Dismissed charges and cases resolved through first-offender treatment may be eligible for restriction. But this is not automatic.

Can I Go to Jail for a First-Time Misdemeanor in Georgia?

Yes. Georgia law allows up to 12 months in county jail for any misdemeanor conviction, including a first offense. Many first-time offenders get probation or community service instead of jail. Pretrial diversion may be available, depending on the charge and the court.