A person who pleads guilty to a criminal offense or is convicted after a trial will be sentenced to punishment by the judge who handled the proceedings. Judges have broad discretion in imposing sentences. These sentencing decisions are based on sentencing statutes and crime specific statutes, and plea bargains.

 

Under O.C.G.A. § 17-10-3(a)(1), misdemeanors are generally punishable up to 12 months in jail and a $1,000 fine or both.

 

But, the law recognizes certain offenses and offenders ought to receive a more serious misdemeanor punishment. These crimes are punishable as “High and Aggravated” misdemeanors.

 

If a person is convicted of a high and aggravated misdemeanor the judge may sentence the person to a maximum of 12 months in jail and up to a $5,000 fine or both. O.C.G.A. § 17-10-4(b).

 

We can see the big difference between the two is the increase in fine amount. But what most people don’t know is that if you are convicted of a high and aggravated misdemeanor are only entitled to 4 days of good time credit per month instead of receiving 2-for-1 credit.

 

For example, a person convicted of criminal trespass who is sentenced to 30 days in jail may be released on good behavior after serving only 15 days. But for a high and aggravated misdemeanor (perhaps a 3^rd DUI in ten years), the person would have to serve 26 days of the 30 day sentence before being released on good behavior.

 

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If you or someone you know has been arrested, contact the law firm of W. Scott Smith at 404.581.0999 today for a free case evaluation. You’ll find a local Atlanta attorney ready to aggressively fight on your behalf. You can also find out more detailed information about Atlanta laws here.