What Are the Key Differences Between Felonies and Misdemeanors in Criminal Cases?
July 14, 2025
Crimes are typically categorized based on their severity into two main classifications: felonies and misdemeanors. While this classification applies across all states, each state has its own set of legal definitions, penalties, and procedures for dealing with these crimes.
The distinction between felonies and misdemeanors isn’t merely academic—it affects everything from sentencing and civil rights to long-term consequences like employment and housing opportunities.
Our attorneys at Mitchell and Mitchell PC in Dalton, Georgia, bring decades of experience and can help you grasp the legal process more. Here, we’ll explore the key differences between felonies and misdemeanors in the state of Georgia, focusing on legal definitions, types of crimes, sentencing, criminal procedure, and the broader consequences of each.
Legal Definitions in Georgia
In Georgia, criminal offenses are governed primarily by the Official Code of Georgia Annotated (O.C.G.A.), which defines the two broad classes of crimes.
Felony
A felony is a serious criminal offense typically punishable by imprisonment for more than one year, often served in a state or federal prison. Felonies include crimes such as murder, rape, armed robbery, and serious drug offenses. Conviction of a felony can result in long-term consequences, including loss of certain civil rights such as the right to vote or possess firearms.
Misdemeanor
A misdemeanor is a less severe criminal offense compared to a felony, generally punishable by fines, probation, community service, or imprisonment for less than one year, usually served in a local or county jail.
Examples of misdemeanors include petty theft, simple assault, and minor drug possession. While misdemeanors carry lighter penalties, repeated offenses can sometimes lead to felony charges.
Types of Crimes
The type of crime committed is often the most straightforward indicator of whether a charge is classified as a felony or a misdemeanor.
Felony Offenses in Georgia
Some examples include:
Murder
Rape
Aggravated assault
Armed robbery
Kidnapping
Burglary in the first degree
Possession of certain controlled substances in large quantities
These crimes often involve bodily harm, threats of violence, or significant property damage or theft.
Misdemeanor Offenses in Georgia
Examples include:
Simple assault
Disorderly conduct
Public intoxication
Shoplifting under $500
Driving under the influence (first offense)
Possession of marijuana (less than one ounce)
Misdemeanors are often nonviolent and may be considered "quality-of-life" crimes.
Sentencing and Penalties
The legal consequences of a felony versus a misdemeanor differ dramatically in Georgia, particularly in terms of incarceration and fines.
Felony Penalties
Felonies carry significantly harsher penalties:
Imprisonment: More than 12 months, up to life imprisonment or even the death penalty, depending on the crime.
Fines: Can range from $1,000 to $100,000 or more, especially in white-collar or drug trafficking crimes.
Probation: In some cases, a judge may order probation either in lieu of or following incarceration.
Restitution: Courts may require felons to pay restitution to victims.
Georgia has mandatory minimum sentences for certain felony offenses (e.g., aggravated assault with a deadly weapon or drug trafficking), and judges often have limited discretion in modifying these sentences.
Misdemeanor Penalties
Jail time: Up to 12 months in a county jail or detention center.
Fines: Typically not more than $1,000, unless classified as a misdemeanor of a high and aggravated nature, which can increase the fine to $5,000.
Probation: Frequently used in place of incarceration, particularly for first-time or nonviolent offenders.
Community service is also often included as part of the sentencing package.
Criminal Procedure and Prosecution
The procedural path that a criminal case follows is also different depending on whether the charge is a felony or misdemeanor.
Felony Process
The felony process involves a series of legal steps designed to assure that an individual accused of a serious crime receives a fair and thorough examination of the evidence before a final judgment is made. Each stage, from arrest through sentencing, plays a critical role in protecting the rights of the defendant while upholding justice.
Arrest and booking
Initial appearance and bond hearing
Preliminary hearing to determine probable cause.
Grand jury indictment
Arraignment
Pretrial motions
Trial
Sentencing
Understanding these stages helps clarify how the criminal justice system handles felony cases, balancing due process with the need for accountability and public safety.
Misdemeanor Process
The misdemeanor process outlines the legal steps for handling less serious criminal offenses. This streamlined procedure assures that defendants are promptly informed of the charges against them and have the opportunity to respond before a case is resolved.
Arrest and booking
First appearance and bond hearing
Charging document
Arraignment
Trial
Sentencing
By following these stages, the misdemeanor process balances efficient case management with the protection of the defendant’s rights and the interests of justice.
Impact on Civil Rights and Long-Term Consequences
There are important differences after convictions for felonies and misdemeanors.
Felony Convictions
A felony conviction carries long-term civil consequences, including:
Loss of voting rights (restored after sentence completion)
Ineligibility for certain licenses (e.g., law, real estate, medical)
Loss of firearm rights
Disqualification from jury service
Immigration consequences, including possible deportation
Difficulty obtaining employment, especially in licensed professions
Restrictions on housing, especially public or subsidized housing
Felony convictions in Georgia remain on your record permanently, unless expunged under limited and narrow conditions.
Misdemeanor Convictions
While less severe, misdemeanor convictions can still have significant repercussions:
Impact on employment opportunities, especially jobs that require background checks
Restrictions on certain licenses or certifications
Potential immigration consequences (though less frequently than felonies)
Public record: Still appears in background checks
Some misdemeanors may be eligible for record restriction (expungement) under Georgia law, especially for first-time offenders.
Sentencing Alternatives and First Offender Programs
Georgia provides some flexibility through diversion programs and first offender statutes designed to give individuals, particularly those with no prior criminal history, a chance to avoid a permanent criminal record.
First Offender Act
The First Offender Act (O.C.G.A. § 42-8-60) allows individuals who plead guilty—without necessarily admitting innocence—to be sentenced as first offenders. Under this act, if the offender successfully completes their probation or sentencing requirements, the conviction will not appear on their criminal record.
This provision applies to many non-violent felonies and misdemeanors but excludes certain serious offenses such as murder, rape, and child molestation.
Pretrial Diversion Programs
Pretrial diversion programs, available in many counties, are often offered for misdemeanors or minor felony charges. To participate, offenders must meet specific requirements, such as completing drug counseling or performing community service. Successful completion of the program can lead to the dismissal of the charges.
Statute of Limitations
The statute of limitations, which sets the maximum time period after an event during which legal proceedings can be initiated, differs between misdemeanors and felonies.
For most felonies, the statute of limitations is generally four years from the date of the offense; however, serious felonies such as murder have no statute of limitations, and sex crimes against minors may have extended time limits. In contrast, misdemeanors in Georgia typically have a two-year statute of limitations.
Appeals and Post-Conviction Relief
Felony convictions often result in lengthy appeals, given the stakes involved. Defendants in felony cases may appeal:
The conviction
The sentence
Constitutional violations (e.g., ineffective assistance of counsel)
Misdemeanor convictions can also be appealed but usually involve more limited legal issues and are heard in lower appellate courts.
Contact Us Today
Whether you’re a legal professional, a student, or someone seeking to understand your rights and responsibilities under Georgia law, knowing the distinctions between these two classes of crimes is fundamental to understanding the criminal justice system effectively. We serve clients in Dalton, Chatsworth, Ringgold, Lafayette, Calhoun, Ellijay, and Blue Ridge. Reach out today to learn more.