Criminal Defense
A misdemeanor charge may seem minor, but a conviction can follow you for years — affecting your employment, housing, professional licenses, and immigration status. Attorney Brent E. Sherota provides thorough, aggressive representation for all misdemeanor charges across Metropolitan Atlanta, fighting to protect your record and your future.
Georgia law recognizes two tiers of misdemeanor offenses. Under O.C.G.A. § 17-10-3, standard misdemeanors carry a maximum sentence of 12 months in county jail and a $1,000 fine. A higher tier — the High and Aggravated Misdemeanor — carries up to 12 months and a $5,000 fine, and is reserved for more serious conduct. Neither tier results in a state prison sentence, but both can have lasting collateral consequences.
| Classification | Max Jail | Max Fine | Common Examples |
|---|---|---|---|
| Standard Misdemeanor | 12 months (county jail) | $1,000 | Simple battery, disorderly conduct, shoplifting (< $500) |
| High & Aggravated Misdemeanor | 12 months (county jail) | $5,000 | Reckless driving, DUI (1st offense), theft ($500–$1,499) |
Note on Sentencing: Georgia judges have broad discretion in misdemeanor sentencing. First-time offenders often qualify for probation, community service, or a conditional discharge instead of jail time — but only with effective legal representation. Attorney Sherota works to secure the most favorable outcome possible, including diversion programs that can keep a conviction off your record entirely.
Georgia's shoplifting statute, O.C.G.A. § 16-8-14, is broader than simply taking merchandise. It covers concealing goods, altering price tags, transferring merchandise between containers, and causing a cash register to reflect a lower price — all without paying full value. Penalties escalate sharply with the value of the merchandise and the number of prior offenses.
| Offense | Value / Circumstance | Classification | Penalty |
|---|---|---|---|
| 1st or 2nd Offense | Under $500 | Misdemeanor | Up to 12 months / $1,000 fine |
| 3rd Offense | Under $500 | Felony | 1 to 5 years |
| 4th+ Offense | Under $500 | Felony | 1 to 10 years |
| Any Offense | $500 – $4,999 | Felony | 1 to 5 years |
| Any Offense | $5,000 – $24,999 | Felony | 1 to 10 years |
| Any Offense | $25,000 or more | Felony | 2 to 20 years |
| Organized Retail Crime | $100+ (coordinated) | Felony | 1 to 10 years + restitution |
Under O.C.G.A. § 51-10-6, retailers may send a civil demand letter seeking $50 to $200 in damages regardless of whether criminal charges are filed. These letters are separate from the criminal case. Attorney Sherota advises clients on how to respond to civil demand letters without inadvertently harming their criminal defense.
Many Georgia counties offer first-offender diversion programs for shoplifting that, upon completion, result in dismissal of the charge and no criminal record. Eligibility depends on the county, the value of merchandise, and the defendant's prior record. Attorney Sherota identifies and pursues every available diversion opportunity.
Georgia distinguishes between assault and battery — and between simple and aggravated versions of each. Simple battery and simple assault are misdemeanors, but they carry serious collateral consequences and can be elevated to felonies based on the identity of the victim or the circumstances of the offense.
O.C.G.A. § 16-5-20
Class
Misdemeanor
Sentence
Up to 12 months / $1,000 fine
Elevation Note: Elevated to High & Aggravated Misdemeanor if committed in a public transit vehicle or station, against a pregnant woman, or against a person 65 or older.
O.C.G.A. § 16-5-23
Class
Misdemeanor
Sentence
Up to 12 months / $1,000 fine
Elevation Note: Elevated to High & Aggravated Misdemeanor for family violence battery (first offense), battery against a school employee, or battery against a pregnant woman.
When the alleged victim is a household member, spouse, former spouse, parent, or person with whom the defendant has a child, the charge becomes Family Violence Battery (O.C.G.A. § 16-5-23.1). A second family violence battery conviction is a felony carrying 1 to 5 years in prison. Additionally, a family violence conviction triggers a federal firearms prohibition under 18 U.S.C. § 922(g)(9), permanently barring the defendant from possessing firearms or ammunition.
Georgia's disorderly conduct statute, O.C.G.A. § 16-11-39, is one of the broadest and most frequently charged misdemeanors in the state. It is a standard misdemeanor carrying up to 12 months in jail and a $1,000 fine. Because the statute is broadly worded, it is frequently used by law enforcement in situations involving loud arguments, public intoxication, and confrontations — even when no physical violence occurred.
Acting in a violent or tumultuous manner toward another person, whereby that person is placed in reasonable fear of their safety, or the property of another is placed in danger of being damaged or destroyed.
Using threatening or abusive language toward another person, without provocation, in a manner likely to provoke a violent response.
Using obscene or vulgar language in the presence of a person under the age of 14 years, which threatens an immediate breach of the peace.
Without provocation, using obscene and vulgar or profane language in the presence of or by telephone to a person, thereby causing a breach of the peace.
First Amendment Considerations: Georgia courts have recognized that disorderly conduct charges can implicate constitutionally protected speech. Mere offensive or annoying speech — without a genuine threat or incitement — may not meet the legal threshold for disorderly conduct. Attorney Sherota evaluates every disorderly conduct charge for constitutional defenses, including First Amendment challenges to overbroad or vague applications of the statute.
O.C.G.A. § 16-13-2
Possession of less than one ounce of marijuana is a misdemeanor in Georgia carrying up to 12 months and a $1,000 fine. Note: Georgia has not legalized recreational marijuana. Conditional discharge may be available for first-time offenders.
O.C.G.A. § 16-7-21
Knowingly and without authority entering or remaining on another's property after being told to leave, or damaging property. A misdemeanor carrying up to 12 months and a $1,000 fine.
O.C.G.A. § 16-8-14
First and second shoplifting offenses under $500 are misdemeanors. Third and subsequent offenses become felonies regardless of the amount. Diversion programs are often available for first-time offenders.
O.C.G.A. § 40-5-121
A misdemeanor carrying up to 12 months in jail and a $1,000 fine. Repeat offenses within five years carry mandatory minimum jail time. The charge also triggers additional license suspension periods.
O.C.G.A. § 16-11-41
Appearing in a public place in an intoxicated condition caused by alcohol or drugs. A misdemeanor carrying up to 12 months and a $1,000 fine. Often charged alongside disorderly conduct or DUI.
O.C.G.A. § 16-5-90
Following, placing under surveillance, or contacting another person without consent for the purpose of harassing and intimidating them. First-offense stalking is a misdemeanor; second offense is a felony.
Many people assume that because a misdemeanor does not involve prison time, it can be handled without an attorney or simply pled guilty to and forgotten. This is a serious mistake. A misdemeanor conviction creates a permanent criminal record that can affect your life for years.
Most employers run criminal background checks. A misdemeanor conviction — even for shoplifting or disorderly conduct — can disqualify you from jobs in healthcare, education, finance, and government.
Georgia licensing boards for nurses, teachers, real estate agents, and other professionals routinely deny or revoke licenses based on misdemeanor convictions involving moral turpitude or dishonesty.
Landlords and property management companies routinely screen for criminal records. A misdemeanor conviction can result in denial of housing applications, particularly for subsidized or public housing.
Non-citizens — including lawful permanent residents — can face deportation, denial of naturalization, or bars to re-entry based on misdemeanor convictions involving moral turpitude or controlled substances.
Drug-related misdemeanor convictions can result in temporary or permanent loss of federal student financial aid eligibility under the Higher Education Act.
While most misdemeanor convictions do not affect firearm rights under Georgia law, family violence misdemeanor convictions trigger a permanent federal firearms prohibition under 18 U.S.C. § 922(g)(9).
Georgia does not use the term "expungement" — instead, the process is called record restriction under O.C.G.A. § 35-3-37. A restricted record is sealed from public view and cannot be accessed by most employers or landlords, though it remains visible to law enforcement and certain licensing boards.
Generally eligible
If charges were dismissed, nolle prossed, or never prosecuted, you may petition for record restriction. This is the most straightforward path to a clean record.
Eligible if sentenced under the Act
If you were sentenced under Georgia's First Offender Act and successfully completed probation, your record is automatically restricted upon discharge. You are not considered to have a criminal conviction.
Drug offenses only
First-time drug offenders who complete a conditional discharge program may have their charges dismissed and records restricted. Available for possession and certain other drug misdemeanors.
Important Limitation: Most misdemeanor convictions are not eligible for record restriction in Georgia unless sentenced under the First Offender Act or a conditional discharge program. This is why fighting the charge — or negotiating a diversion outcome — is almost always preferable to a guilty plea, even for seemingly minor misdemeanors.
Many Georgia counties offer pre-trial diversion programs that allow first-time offenders to complete community service, counseling, or other requirements in exchange for dismissal of the charge. Attorney Sherota identifies every available diversion option and advocates for your admission into the program.
Misdemeanor charges often rest on a single officer's account or limited evidence. Attorney Sherota reviews all body camera footage, witness statements, and physical evidence to identify inconsistencies and weaknesses in the prosecution's case.
Evidence obtained through an unlawful stop, search, or arrest may be suppressed under the Fourth Amendment. Statements obtained without proper Miranda warnings may be excluded. Suppression of key evidence can result in dismissal of the charge.
Georgia law recognizes the right to defend yourself and others from imminent harm. In battery and assault cases, Attorney Sherota evaluates whether the evidence supports a self-defense or defense-of-others justification.
When a full dismissal is not achievable, Attorney Sherota negotiates with prosecutors to reduce charges to a lesser offense — such as reducing a battery charge to disorderly conduct — minimizing the impact on your record and future.
For eligible first-time offenders, Attorney Sherota advocates for sentencing under Georgia's First Offender Act, which avoids a formal conviction and results in automatic record restriction upon successful completion of probation.
This page was written by Brent E. Sherota, Esq., a criminal defense attorney with over 10 years of experience in Metropolitan Atlanta, Georgia. Brent is an active member of the State Bar of Georgia and a John Marshall Law School alumnus. View full attorney profile →
Do not plead guilty without speaking to an attorney first. Contact Sherota Law today for a free, confidential consultation about your options.