Can I Get a Felony Reduced to a Misdemeanor in Augusta, GA?

If you’re being prosecuted for a crime in Augusta, GA, the classification is significant. A felony carries heavier penalties, including higher fines and a longer potential jail sentence. In contrast, a misdemeanor carries a maximum sentence of 12 months in jail and a fine of up to $1,000. A criminal defense lawyer can provide personalized advice, including whether the charges will be a felony or misdemeanor and whether they may be reduced.

Title 16 of the Georgia Code determines whether a crime is classified as a felony or misdemeanor. However, some crimes known as “wobblers” can be charged as either, depending on the circumstances. Any aggravating factors will be taken into account, together with your personal history.

The prosecutor has discretion in deciding whether to bring felony or misdemeanor charges. An experienced attorney may be able to negotiate with the prosecutor to secure a lower misdemeanor charge.

Plea Bargain

A plea bargain is a formal agreement between the defense and the prosecutor. In exchange for agreeing to plead guilty without going to trial, the prosecutor may agree to reduce the charges. This means a felony charge may be lowered to a misdemeanor.

A prosecutor may not always initially agree to reduce a felony to a misdemeanor. Other options include reducing the sentence but not the charge, or withholding aggravating facts to make the case more favorable to the defense. Successfully securing a plea bargain that reduces a felony to a misdemeanor requires an attorney with strong negotiation skills. A positive relationship with the prosecutor can also be beneficial.

Changes to Sentencing

In some cases, the charges remain classified as a felony but the judge may issue a more lenient sentence. This is only possible if you meet certain criteria and the felony is less than 10 years in jail. When this occurs, a felony conviction will still be recorded but the sentence follows the misdemeanor guidelines. The precedent for this was established in Ramsey v Powell (1979).

Not all felonies qualify for this type of sentence reduction. You will also have a greater chance of a felony being reduced if this is your first offense.

How Can a Criminal Defense Lawyer Help?

Your lawyer will advocate on your behalf, leveraging their knowledge of the legal system to negotiate for a felony charge reduction. Even if the prosecutor does not agree to reduce the charge, an experienced attorney may be able to get the felony dismissed at trial. For example, a charge of first-degree homicide by vehicle may be reduced to a lesser offense, such as distracted driving.

The negotiating skills and experience of your attorney can be pivotal in determining the final charges you face. It’s strongly advisable to appoint an attorney at the earliest opportunity.

We understand the impact that criminal charges can have on your life. By providing compassionate and dedicated legal counsel, we can help you to achieve the best possible outcome. Contact us today at Davis, Chapman, & Wilder in Augusta, GA to learn more. 

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