Facing any type of criminal charge can be the most harrowing experience of your life — and one of the most confusing. The legal field is complex, and the jargon can become thick and heavy. But understanding the difference between “misdemeanor” and “felony” charges is crucial, as it can significantly impact the severity of the consequences you may face. In this blog post, we’ll dive deeper into the difference between misdemeanor and felony offenses and what constitutes these charges in the states of Tennessee and Georgia.
- Jeremy Forgey
- Chris Griffin
Misdemeanor vs Felony Charges: What’s the Difference?
Misdemeanor charges are considered less serious offenses compared to felonies. These crimes typically carry lighter penalties, such as fines, probation, community service, or short-term incarceration in a local jail rather than a state or federal prison.
Felony charges, on the other hand, are more serious offenses and carry harsher penalties. Conviction of a felony can result in significant prison sentences, hefty fines, probation, and other severe consequences that can have long-lasting effects on a defendant’s life.
The primary differences between misdemeanor and felony charges lie in the severity of the offense and the potential consequences for the defendant.
What Makes a Misdemeanor Charge in Tennessee?
In Tennessee, misdemeanor offenses are categorized based on their severity, with three main classifications: Class A misdemeanors, Class B misdemeanors, and Class C misdemeanors. Let’s explore each classification in detail:
Class A Misdemeanors
Class A misdemeanors are the most serious misdemeanor offenses in Tennessee — carrying harsher penalties compared to Class B and Class C misdemeanors. Convictions for Class A misdemeanors can result in up to 11 months and 29 days of incarceration, and fines of up to $2,500.
Examples of Class A misdemeanor offenses in Tennessee include:
- Assault causing bodily injury
- Domestic assault
- Theft of property valued at $1,000 or less
- Reckless driving
- Simple possession of a controlled substance
- DUI
Class B Misdemeanors
Class B misdemeanors are less severe than Class A misdemeanors, but still carry significant consequences. Convictions for Class B misdemeanors can result in up to six months of incarceration and fines of up to $500.
Examples of Class B misdemeanor offenses in Tennessee include:
- Simple assault
- Criminal trespassing
- Harassment
- Prostitution
- Possession of drug paraphernalia
Class C Misdemeanors
Class C misdemeanors are the least serious misdemeanor offenses in Tennessee, but they still carry potential penalties that can impact a defendant’s life. Convictions for Class C misdemeanors can result in up to 30 days of incarceration and fines of up to $50.
Examples of Class C misdemeanor offenses in Tennessee include:
- Disorderly conduct
- Public intoxication
- Driving without a valid license
- Simple possession of alcohol by a minor
- Petty theft (property valued at less than $50)
Navigating misdemeanor charges in Tennessee can be complex, and the consequences of a conviction can have lasting effects on an individual’s life. Whether you’re facing a Class A, Class B, or Class C misdemeanor charge, it’s essential to seek legal representation from an experienced criminal defense attorney who can provide guidance, advocacy, and support throughout the legal process.
What are Misdemeanors of a High and Aggravated Nature in Georgia?
In Georgia, certain misdemeanors can be classified as misdemeanors of a high and aggravated nature (MAHN). MAHN charges are a specific category of misdemeanor offenses that carry harsher penalties compared to standard misdemeanors. These offenses involve aggravating factors that elevate their severity beyond that of typical misdemeanor offenses. MAHN charges are governed by Georgia statute O.C.G.A. § 17-10-4, which outlines the penalties for these offenses.
Several factors differentiate MAHN offenses from standard misdemeanors.
Aggravating Factors: MAHN offenses involve aggravating factors that increase the seriousness of the offense. These factors may include the use of a weapon, the infliction of serious bodily injury, or the commission of the offense in a particularly egregious manner.
Harsher Penalties: MAHN offenses carry harsher penalties compared to typical misdemeanors. Convictions for MAHN offenses can result in longer terms of incarceration and larger fines.
Impact on Criminal Record: A conviction for a MAHN offense can have long-term consequences for the defendant’s criminal record. It may affect employment opportunities, housing prospects, and other aspects of the defendant’s life.
Prosecutorial Discretion: Prosecutors have discretion in determining whether to charge an offense as a MAHN. They may consider factors such as the defendant’s criminal history, the seriousness of the offense, and the presence of aggravating factors when making charging decisions.
Understanding the distinctions between MAHN offenses and typical misdemeanors is essential for anyone facing criminal charges in Georgia. If you or someone you know is facing MAHN charges, it’s crucial to seek legal representation from an experienced criminal defense attorney — the stakes are higher.
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What are the Different Types of Felony Charges in Tennessee?
Felony offenses in Tennessee vary in severity and carry significant consequences for individuals convicted of these crimes. In Tennessee, felony offenses are categorized based on their severity, with different classes of felonies carrying varying penalties. Let’s explore each classification in detail:
Class A Felonies
Class A felonies are the most serious offenses in Tennessee and carry the harshest penalties, including lengthy prison sentences and substantial fines. Convictions for Class A felonies can result in life imprisonment or, in the case of first-degree murder, the death penalty. Examples of Class A felony offenses in Tennessee include second-degree murder and aggravated rape.
Class B Felonies
Class B felonies are less severe than Class A felonies — but still carry significant consequences. Convictions for Class B felonies can result in prison sentences ranging from 8 to 30 years and fines of up to $25,000. Class B felony offenses in Tennessee include money laundering and creating or abetting child pornography.
Class C Felonies
Convictions for Class C felonies can result in prison sentences ranging from 3 to 15 years and fines of up to $10,000. Examples of Class C felony offenses in Tennessee include aggravated assault and kidnapping.
Class D Felonies
Convictions for Class D felonies can result in prison sentences ranging from 2 to 12 years, and fines of up to $5,000. Possessing under 70 pounds of marijuana and extortion are examples of Class D felonies.
Class E Felonies
Convictions for Class C felonies can result in prison sentences ranging from 1 to 6 years and fines of up to $3,000. Sexual battery and theft valued between $500-$1,000 are both Class E felonies.
Felony Offenses in Georgia: What are the “Seven Deadly Sins”?
One aspect of Georgia’s criminal law system that stands out is the “Seven Deadly Sins” felony rule.
In Georgia, felony offenses are categorized based on their severity, with different classes of felonies carrying varying penalties. However, Georgia’s criminal code also includes a subset of offenses known as the “Serious Violent Felonies” — or, more poetically, the “Seven Deadly Sins.” These offenses are considered the most serious and carry enhanced penalties under Georgia law, and are outlined in Georgia statute O.C.G.A. § 17-10-6.1. They include:
Murder: The unlawful killing of another person with malice aforethought, which can result in life imprisonment or the death penalty.
Armed Robbery: Committing robbery with a deadly weapon or by using a replica firearm, punishable by imprisonment for no less than ten years.
Kidnapping: The unlawful abduction or taking away of another person without their consent, by force, threat, or deception, with the intent to hold the person against their will or to use them as a hostage or bargaining chip.
Rape: Unlawful sexual intercourse with a person against their will, punishable by life imprisonment or a minimum of 25 years’ imprisonment.
Aggravated Child Molestation: Engaging in sexual acts with a child under the age of 16, punishable by life imprisonment or a minimum of 25 years’ imprisonment.
Aggravated Sodomy: Unlawful sexual intercourse with a person by force or against their will, punishable by life imprisonment or a minimum of 25 years’ imprisonment.
Aggravated Sexual Battery: Engaging in sexual acts with another person by force or against their will, punishable by life imprisonment or a minimum of 25 years’ imprisonment.
The “Seven Deadly Sins” felony rule has significant implications for defendants facing charges for these offenses. Convictions for “Seven Deadly Sins” offenses typically carry mandatory minimum sentences, meaning judges have limited discretion in sentencing and must impose a certain minimum sentence prescribed by law. Additionally, defendants convicted of these offenses may be subject to enhanced penalties, including longer terms of incarceration and reduced opportunities for parole or early release.
Fighting For You
Whether facing misdemeanor or felony charges — and whether you live in Tennessee or north Georgia — defendants have the right to a strong defense aimed at protecting their rights and securing the best possible outcome. If you or someone you know is facing criminal charges, it’s essential to seek legal representation from an experienced criminal defense attorney who can craft a tailored defense strategy and advocate vigorously on your behalf.
At Best And Brock, we believe in fighting for your future with passion and professionalism. Contact our offices today — your future is too important to risk.