Will I serve jail time?

More often than not one of the first questions I am asked by a criminal defense client is whether they will have to go to jail. My answer….it depends. There are numerous factors that go into whether jail time will be part of a sentence, some of which are:

1.    The crime itself- some crimes (both misdemeanors and felonies), specifically state in the Georgia Criminal Statute that some amount of jail time is required. A lot of the statutes, however, do not specifically call for any jail time whatsoever, so in those cases, it’s the discretion of the court to decide jail time or how much.

2.    The history of the defendant- the court will look at a person’s past criminal record to determine what, if any, jail time will be required if convicted.

3.    The facts of the case- if a judge finds that the facts of the case (i.e. type of victim, method of committing a crime or attitude of the criminal defendant) are such that punishment other than a fine or community service or probation are insufficient, they may choose to sentence jail.

Under Georgia law, misdemeanor crimes can carry a maximum sentence of 12 months in jail and a $1000 fine.  So, even a minor crime such as criminal trespass, where there were no damages or injuries could still lead to jail time depending on the factors above. No charge, no matter how “trivial” or minor is worth jail time. Consult an experienced criminal  defense attorney in your area to protect your rights and help to make sure you don’t go to jail for a “minor” crime.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online.