High and Aggravated Misdemeanor in Gwinnett County
In Gwinnett County, a conviction for a misdemeanor is punishable by up to one year in jail, a fine up to $1,000, or both. However, misdemeanors are separated into two categories: misdemeanors and misdemeanors of a high and aggravated nature.
More serious misdemeanors are considered a misdemeanor of a high and aggravated nature. An offense can be elevated from a misdemeanor to a high and aggravated misdemeanor under certain circumstances. This special class of misdemeanors increases the maximum fine up to $5,000. It generally occurs when a person has been convicted of the same offense multiple times in the same period of time. Some examples of misdemeanor offenses of a high and aggravated in Gwinnett County include:
- Third DUI
- Aggressive driving
- fleeing or attempting to elude a police officer
Misdemeanors of a High and Aggravated Nature
O.C.G.A. §17-10-4 details for misdemeanors of a high and aggravated nature in Georgia and reads as follows:
(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the term of confinement.
(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance.
With our decades of experience, we know how to mitigate the penalties you or your loved one may face. The maximum penalty is up to one year in jail, a fine up to $5,000, or both. Our lawyers are skilled at negotiating with prosecutors to reduce jail time or negotiate a lesser fine. We know how jail time and fines can disrupt your life and we want to protect your future!
There are numerous defenses we can use to fight for you. No matter what the specifics of your case are, there are always ways we can fight for you. You have rights at every stage of the process and if your arrest was not conducted legally, if your implied consent rights were not given, or if evidence was seized unlawfully, we will use that to fight for a dismissal of your case! Our experience is unparalleled and there is no one better to protect your rights, future, and freedom!
Contact Us Today
If you have been charged with a crime that could result in you being convicted of a misdemeanor of a high and aggravated nature, you need to contact our Gwinnett County DUI Lawyers today. You need to get legal help as soon as possible after arrest. There is no time to waste! Our lawyers have more than 25 years of experience defending DUIs. Put their expertise to work for you! Call now!