Criminal Lawyers Georgia

The Basics of Criminal Charges in Georgia

Criminal charges are formal accusations made by the government that a person has broken a law. If the person is found guilty, such charges can lead to penalties such as fines, probation, or jail time.

Here are some of the most common criminal charges people face in Georgia:

1. DUI (Driving Under the Influence)

A DUI charge in Georgia happens when someone is accused of driving while impaired by alcohol, drugs, or a combination of both. Georgia law allows DUI arrests based on a driver’s blood alcohol concentration (BAC), signs of impairment, or refusal to take a chemical test.

A DUI charge can lead to consequences such as license suspension, court fines, DUI school, probation, and possible jail time.

DUI cases often depend heavily on evidence like field sobriety tests, breath or blood test results, police reports, and dashcam footage.

2. Drug Possession

Drug possession charges involve being accused of having an illegal substance on your person, in your vehicle, or in your home. In Georgia, drug possession can range from misdemeanor-level offenses (in limited situations) to felony charges depending on the substance and amount.

Drug possession cases may involve marijuana, cocaine, methamphetamine, prescription medications without a valid prescription, or controlled substances.

Consequences include jail time, probation, large fines, mandatory treatment programs, and a lasting criminal record.

3. Theft Crimes

Theft is a broad category in Georgia that includes many offenses involving taking another person’s property. Theft charges can apply to shoplifting, stealing from another person, or even taking property without permission and refusing to return it.

Depending on the value of the item(s), theft charges may be treated as misdemeanors or felonies.

4. Simple Assault

Simple assault in Georgia does not always require physical contact. A person can be charged with assault if they try to hurt someone, or if their actions make another person reasonably fear harm.

Penalties include jail time, probation, fines, and restrictions on contact with the alleged victim. In some situations, an assault accusation may also lead to additional charges, such as family violence allegations or protective orders.

Georgia residents may face other accusations, such as:

• Burglary
• Armed robbery
• Harassment or stalking
• Weapon charges (including unlawful possession of a firearm)
• Domestic violence-related charges
• Public intoxication
• Driving with a suspended license
• Hit and run
• Probation violations

Misdemeanor vs. Felony Charges in Georgia

In Georgia, the difference between a misdemeanor and a felony matters a lot.

Misdemeanors are typically less serious offenses and may carry penalties like fines, probation, community service, or up to 12 months in jail.

For example, under OCGA § 16-6-20, simple assault charges can lead to up to 12 months in jail, a fine of up to $1,000, or both. However, aggravating factors (assault on protected persons) might result in harsher penalties.

Felonies are more serious and can lead to longer prison sentences, higher fines, and stricter probation terms. Felony charges might also come with consequences that can affect your ability to get a job, housing, or professional licensing.

For example, under OCGA § 16-5-21, if found guilty of aggravated assault, you can face 1 to 20 years in jail, up to $10,000, or both.

Additional consequences include:

• Felony record (permanent)
• Loss of voting rights (during incarceration)
• Loss of firearms rights (permanent under federal law)
• Professional license revocation (teaching, healthcare, legal, etc.)
• Immigration consequences (deportation for non-citizens)
• Sex offender registration (if applicable circumstances)

Why Choose Philip Kim Law, P.C. for Criminal Defense

When you face criminal charges in Georgia, the lawyer you pick shapes your outcome. At Philip Kim Law, P.C., we focus on what matters most: your rights, your future, and your peace of mind.

Some law firms might treat cases like files. We treat them like lives. You get Philip Kim’s full attention from day one. We sit down with you. We ask questions. We listen to what happened. We don’t assume anything. This means we understand your actual situation, not just the charges against you.

Also, time matters in criminal defense. Delays hurt your case. Evidence fades. Memories shift. Witnesses move. We move quickly. We start building your defense right away.

Furthermore, legal jargon confuses people. We don’t use it. We tell you what’s happening in plain words and explain your options.

When you choose Philip Kim Law, P.C., you get:

• A lawyer who knows criminal law in Georgia
• Fast response when time matters
• Clear communication about your case
• Local experience in your courthouse
• We focus on defending you
• Honest talk about your options
• A partner who fights for your rights

How Criminal Cases Work in Georgia

The Arrest and Initial Appearance

When you’re arrested in Georgia, you’re taken to a police station for booking. Officers record your information and details about the alleged crime. Within 72 hours, you are required to appear before a judge. This is called your initial appearance.

At this hearing, the judge tells you what charges you face and explains your rights.

The judge also decides if you can be released before trial. You may be released on your own promise to return, given a bail amount, or held without bail, depending on the charge and your background.

At Philip Kim Law, P.C., we review arrest details right away and advise you on what to expect at this first court date.

Arraignment and Plea Options

After your initial appearance, your case moves to arraignment. This is where you enter a plea. You have three choices: guilty, not guilty, or no contest.

A guilty plea means you admit to the charges. A not-guilty plea means the state needs to prove its case. A no-contest plea means you don’t admit guilt but accept the punishment.  

We discuss each option with you based on the facts, evidence, and possible outcomes.

Discovery and Evidence Review

The prosecution has to share all evidence with your defense lawyer. This process is called discovery. You have the right to see police reports, witness statements, lab results, and any video or audio recordings. This evidence helps us build your defense strategy.

We review the state’s case against you and identify holes in their case. We may challenge how evidence was collected or whether it proves guilt beyond a reasonable doubt.  

Georgia’s Criminal Court Process and Timeline

Plea Negotiations and Possible Resolutions

Many cases end before trial through plea talks with the prosecutor. These talks may reduce or drop charges, or set an agreed sentence. You are never forced to take a deal.

We explain your options so you can make an informed choice. If a plea makes sense, we fight for the best terms and push back on unfair offers.

Pretrial Motions and Hearings

Before trial, we may file motions to challenge evidence or procedures. These can block illegal evidence or dismiss weak charges. A judge decides these motions. If granted, evidence may be removed, or charges dropped. Pretrial hearings also cover scheduling, bail, and key facts.

We use every step to strengthen your case and argue each motion with care.

Trial Preparation and Trial Rights

If your case goes to trial, you have the right to a jury or a judge trial. The prosecution has to prove guilt beyond a reasonable doubt.

We prepare by organizing evidence, arranging witnesses, and planning your defense. We explain what to expect in court and handle all legal work, protecting your right to a fair trial.

At Philip Kim Law, P.C., We’re Ready to Help You

Regardless of how serious the charges are, having skilled legal representation can make a difference in your case. Our team is prepared to walk you through the criminal process and aggressively defend your rights at every stage.

Criminal charges carry serious consequences that can affect your freedom, your criminal record, and your long-term future. That’s why your defense should be tailored to the facts of your case. Taking action early can give you a stronger position moving forward.

At Philip Kim Law, P.C., we believe in honest answers, responsive communication, and legal strategies built around your situation—not one-size-fits-all solutions. Your future matters, and the steps you take now can make a real difference.

Schedule a meeting with Philip Kim Law, P.C., today to discuss your case and understand your options.

Frequently Asked Questions