Protect your rights, contact us today!
Protect your rights, contact us today!
Defense for misdemeanor and felony charges
A criminal charge in Georgia, from a misdemeanor to a serious felony, can mean jail time, fines, probation, and a permanent record. The Law Office of Gregory Chancy provides criminal defense representation across the state, examining the evidence, challenging the prosecution’s case, and working toward the best outcome the facts allow. Call (770) 627-3221.
This is for anyone who has been arrested, charged, or is under investigation for a criminal offense in Georgia and needs criminal defense counsel. The charge may be a misdemeanor traffic offense or a serious felony. The stage may be an arrest that happened last night or a court date that is coming up fast.
Georgia criminal law draws hard lines between charge types, and those lines determine which court handles your case, what penalties apply, and what defense options are available. The first thing to understand is where your charge falls.
Georgia classifies every criminal offense as either a misdemeanor or a felony, and that classification controls the court, the penalties, and the long-term consequences.
A misdemeanor carries up to one year in a county jail and a fine up to $1,000. Common misdemeanor charges include first-offense DUI, simple battery, reckless driving, possession of less than one ounce of marijuana, and most traffic-related criminal offenses. These cases are heard in Municipal or State Court.
A felony carries more than one year in state prison, with sentences ranging from one year to life depending on the charge and your prior record. Common felony charges include drug trafficking, aggravated assault, robbery, sexual offenses, and felony DUI. Felony cases are heard in Superior Court.
Both categories carry real consequences. A misdemeanor conviction goes on your permanent criminal record, appears in background checks, and can be used against you in future prosecutions. Not every charge ends in conviction. How the evidence was gathered, what the state can actually prove, and whether any legal defenses apply are questions that must be examined before any plea is entered.
The firm provides criminal defense across the full range of misdemeanor and felony charges in Georgia. Each practice area below links to a dedicated page covering the specific charges, Georgia statutes, and defense strategies.
An arrest in Georgia triggers a set sequence, and understanding each stage helps you make better decisions at every step.
Booking happens immediately after arrest at the jail. The officer records your personal information, takes fingerprints and a photograph, and logs the charge. You are allowed one phone call.
Initial appearance must occur within 48 hours if you were arrested without a warrant. A magistrate judge reviews the charges, informs you of your rights, and sets bail conditions.
Preliminary hearing follows if bail is not set or you cannot make bail. The magistrate evaluates whether probable cause exists to hold you on the charge. If the charge is a felony and probable cause is found, the case moves to the district attorney’s office for grand jury presentation.
Arraignment is the formal hearing where the charge is read and you enter a plea. In most cases the plea is not guilty at this stage, and the case moves toward either a negotiated resolution or trial.
Plea negotiations are how the large majority of criminal cases resolve. The defense reviews the state’s evidence, identifies weaknesses in how it was gathered or what it can prove, and negotiates with the prosecutor for a reduced charge, a lesser sentence, or dismissal.
Trial is necessary when the evidence requires it or when no acceptable offer is available. The firm handles jury selection, motions in limine, evidentiary objections, cross-examination of the prosecution’s witnesses, and closing argument.
Having criminal defense counsel present from the initial appearance forward, not just at trial, is what protects your rights at every stage.
The court that handles your case depends entirely on the classification of the charge.
Municipal Court handles the lowest-level offenses, including traffic infractions, local ordinance violations, and some misdemeanors in jurisdictions where the Municipal Court has limited criminal jurisdiction. Several municipalities in Cobb County have their own courts for these matters.
State Court of Cobb County handles most misdemeanor criminal cases, including DUI, simple assault, battery, and reckless driving. A misdemeanor jury trial is available in State Court.
Superior Court of Cobb County handles all felony cases in the county. Grand jury indictment is required before a felony case proceeds to trial. The Superior Court of Cobb County sits at 70 Haynes Street in Marietta.
A criminal defense attorney who regularly appears in all three courts knows the prosecutors, the procedures, and the expectations of each environment. That working knowledge affects how cases move from the first appearance through resolution.
The decisions made in the first 48 hours after an arrest affect every stage that follows. Evidence is preserved or lost, witnesses are available or not, and the prosecution begins building its case from the moment charges are filed.
Retaining criminal defense counsel before the initial appearance means your attorney reviews the arrest report, challenges any bond conditions that are not justified by the facts, and preserves any suppression arguments that arise from how the stop, search, or arrest occurred. Arguments that are not raised at the right procedural stage can be waived.
A public defender handles several hundred cases at a time. That is not a criticism of the lawyers, it is a structural reality of the system. Retained counsel can give your case the time and attention that a high caseload does not allow: reviewing discovery fully, running down witness statements, and filing pretrial motions before deadlines close.
The Law Office of Gregory Chancy handles criminal defense in Georgia state courts across five counties: Cobb, Cherokee, Paulding, Bartow, and Fulton. The firm appears regularly in State Court and Superior Court, and maintains working relationships with the prosecutors and procedures in each jurisdiction.
Dimension | Misdemeanor | Felony |
Maximum sentence | 12 months in county jail | More than 12 months in state prison |
Court | Municipal Court or State Court | Superior Court |
Grand jury required | No | Yes, for indictment |
Probation | Yes | Yes, often with more conditions |
Record impact | Criminal record, background checks | Criminal record, background checks, may affect civil rights |
Common examples | First-offense DUI, simple battery, reckless driving, marijuana under one ounce | Drug trafficking, aggravated assault, robbery, felony DUI |
Both require criminal defense counsel. The path differs: misdemeanor defense often centers on evidentiary challenges and negotiated reduction; felony defense may involve grand jury proceedings, extensive discovery, and pretrial suppression motions before any resolution is possible.
Gregory Chancy, Esq.
State Bar of Georgia
The Law Office of Gregory Chancy defends misdemeanor and felony charges in Cobb County, Cherokee County, Paulding County, Bartow County, Fulton County, and the surrounding Northern Metro Atlanta area.
Call (770) 627-3221.
A misdemeanor carries up to one year in county jail and a $1,000 fine. A felony carries more than one year in state prison. The criminal defense strategy differs significantly between the two: misdemeanor defense often centers on evidentiary challenges and plea negotiation, while felony defense may involve grand jury proceedings and extensive pretrial motions. Some charges, including DUI and certain drug offenses, can be either depending on circumstances.
No. You are required to provide your name and identifying information, but nothing more. You have the right to remain silent and the right to have an attorney present before any questioning. State that you want an attorney and say nothing further until counsel is present.
Be cooperative with the physical arrest process. Do not resist. Beyond your name and address, do not answer questions or explain your side of what happened. Request an attorney clearly and use your phone call to contact one. What you say in the first hours often becomes the state’s primary evidence.
Yes. The outcome depends on how the evidence was obtained, what the state can prove, your prior record, and the specific charge. Suppression of unlawfully gathered evidence, factual gaps in the prosecution’s case, and diversion programs are all paths that can produce a reduction or dismissal.
A misdemeanor case typically resolves in two to six months. A felony case involving grand jury presentation, pretrial motions, and trial preparation can take one to two years. Cases with contested suppression motions or those going to trial take longer.
Pretrial diversion is a program offered by the Cobb County District Attorney’s office that allows eligible first-time offenders to have charges dismissed after completing a set of conditions, which may include community service, fines, and counseling. Eligibility depends on the charge, the facts, and the DA’s office guidelines at the time. Successful completion results in dismissal without a conviction.
State Court handles misdemeanor criminal cases. Superior Court handles all felonies. Grand jury indictment is required before a felony proceeds to trial in Superior Court. The distinction matters because the procedures, timelines, and prosecutors differ between courts.
If you’re offered a public defender after an arrest, it’s crucial to weigh your options. Public defenders are qualified attorneys with law degrees and bar certifications, but they often handle large caseloads, limiting the time and attention they can dedicate to each case. Their focus may be less personal since they are assigned cases rather than choosing clients.
At Cobb Criminal Defense, we provide personalized representation tailored to your needs. We treat every case as if it were our own, leaving no detail overlooked and fighting tirelessly to protect your rights. Let us advocate for you.
If you have questions about your case or need immediate legal assistance, please complete the confidential contact form.