Why Even Misdemeanors Deserve Urgency.
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01
Diversion Has a Window
Pretrial diversion programs accept applications at the start of the case, not the middle.
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Plea Forecloses Options
A first-offer plea may sound easy. It often locks out reduction or dismissal paths permanently.
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Court Dates Set Fast
Misdemeanor calendars move quickly. Showing up unrepresented is the most expensive shortcut.
Former Cobb Magistrate Judge
Presided over misdemeanor first appearances and bond hearings.
Former Cobb County Prosecutor
Inside knowledge of how the State assembles misdemeanor cases.
AV Preeminent® Peer Rated
Highest peer rating from Martindale-Hubbell.
State Bar of Georgia
Active Member in Good Standing. Licensed since 1997.
A Misdemeanor Charge
Deserves Serious Defense.
Gerald Moore is a former Cobb County magistrate judge and former Cobb County assistant district attorney who now defends clients facing misdemeanor charges across Marietta, Cobb County, and the surrounding Georgia communities. He has handled misdemeanor cases from the bench, from the prosecution table, and now from the defense side. That three-sided perspective means he knows where the opportunities are to get charges reduced, dismissed, or resolved through diversion programs that protect your record.
Moore Law Center handles the full range of criminal charges with the same level of preparation whether the charge is a misdemeanor or a felony.
Nine Common Misdemeanors. One Approach.
Georgia defines a misdemeanor as any offense punishable by up to 12 months in county jail and a $1,000 fine. Some are "high and aggravated" misdemeanors carrying $5,000 fines. Here are the charges we handle most often.
Simple Battery
12 mo. / $1,000. O.C.G.A. § 16-5-23. Family violence designation triggers mandatory evaluation and firearm restrictions.
Simple Assault
12 mo. / $1,000. O.C.G.A. § 16-5-20. No physical contact required. Elevated to felony if victim is law enforcement.
Shoplifting
Under $500: misdemeanor. O.C.G.A. § 16-8-14. $500+ or 4th offense becomes a felony. First-timers may qualify for diversion.
Theft by Taking
Under $1,500: misdemeanor. O.C.G.A. § 16-8-2. Above $1,500 it is a felony. Valuation evidence is the key contested point.
Disorderly Conduct
12 mo. / $1,000. O.C.G.A. § 16-11-39. Often a catch-all charge. First Amendment protections frequently apply.
Criminal Trespass
12 mo. / $1,000. O.C.G.A. § 16-7-21. Trespass with intent to commit a crime can be charged as a felony.
Reckless Driving
12 mo. / $1,000 / 4 pts. O.C.G.A. § 40-6-390. Often the negotiated reduction in DUI cases.
Public Intoxication
$1,000 fine. O.C.G.A. § 16-11-41. Light penalty. Still creates a permanent criminal record.
Drug Possession
Marijuana under 1 oz: misdemeanor. Some Cobb cities have reduced penalties. Heavier drug charges escalate fast.
Why a Misdemeanor Conviction Is More Serious Than You Think
Many people consider pleading guilty to a misdemeanor to "get it over with." That is a mistake. Here is what a conviction actually costs you in Georgia.
Permanent Record
Georgia does not automatically expunge misdemeanor convictions. Your record follows you indefinitely. Background checks will see it.
Employment Barriers
A misdemeanor for theft, assault, or drugs can disqualify you from positions in healthcare, education, finance, government, and other regulated industries.
Professional Licensing
If you hold or seek a license (nursing, teaching, real estate, law, accounting), a conviction can trigger review, denial, or revocation.
Escalation Risk
A first shoplifting conviction is a misdemeanor. A fourth is a felony. Pattern convictions also influence judges on future charges.
Firearm Restrictions
Family violence misdemeanors trigger firearm possession bans under both Georgia law and federal law (the Lautenberg Amendment).
Five Ways We Protect Your Record
Gerald Moore knows how the State assembles misdemeanor cases. He knows which evidence prosecutors consider strongest and where the procedural weaknesses tend to appear.
Challenging the Evidence
Body cam footage, witness statements, and police reports are not infallible. Officers make mistakes. Witnesses misremember. Reports contain inconsistencies. We review every piece for weaknesses.
Pretrial Diversion
Cobb County offers pretrial diversion for certain first-time misdemeanor offenders. Successful completion results in dismissed charges. Eligibility requires careful navigation.
First Offender Act
Under O.C.G.A. § 42-8-60, complete the sentence without a formal conviction. If terms are violated, the full original sentence can be imposed. We only recommend it when it serves the client.
Conditional Discharge
For first-time drug possession charges, conditional discharge under O.C.G.A. § 16-13-2 can result in dismissed charges. Available once in a lifetime.
Charge Reductions
Assault reduced to disorderly conduct. DUI reduced to reckless driving. Shoplifting resolved through civil demand and dismissal. Gerald Moore's prosecutor experience drives effective negotiation.
Talk to a Misdemeanor Attorney
Even small charges have big consequences. Let us look at yours.
Call 678-699-3406 →How a Misdemeanor Case Moves Through Cobb County
Misdemeanor cases are typically heard in Cobb County State Court. Minor offenses may be handled in the municipal court of the city where the arrest occurred.
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Arrest or Citation
Misdemeanor arrests may result in booking at the Cobb County Adult Detention Center or a citation with a court date. For arrests resulting in detention, a bond hearing determines release conditions.
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Arraignment
The defendant is formally notified of the charges and enters a plea. This is where your defense attorney begins engaging with the prosecution.
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Pretrial & Negotiation
Evidence is exchanged. Motions are filed. Plea negotiations occur. Many misdemeanor cases resolve at this stage through negotiated agreements, diversion, or charge reductions.
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Trial
If no agreement is reached, the case goes to trial in State Court. You have the right to a jury trial for any misdemeanor carrying potential jail time.
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Sentencing
Convictions can include jail, fines, probation, community service, restitution, and mandatory evaluations. Violation of misdemeanor probation can trigger probation revocation proceedings.
Not Every Misdemeanor Stays a Misdemeanor.
Shoplifting over $500 or a fourth conviction. Theft over $1,500. Simple battery against the elderly, pregnant women, school employees, or law enforcement. Simple assault against a law enforcement officer. Criminal trespass with intent to commit a crime. Fourth DUI within ten years. If your charge carries potential felony enhancement, the stakes change entirely. Prison time. Loss of civil rights. A felony record.
Find Out Where Your Case StandsDefending Misdemeanor Cases Across Greater Atlanta
Misdemeanors are heard in Cobb County State Court and the municipal courts of the cities where arrests occur.
Cobb County Criminal Defense
Marietta, Kennesaw, Acworth, Smyrna, Powder Springs.
Fulton County
Atlanta, Roswell, Alpharetta, Sandy Springs.
Cherokee County
Canton, Woodstock, Holly Springs.
Douglas County
Douglasville, Lithia Springs.
Gwinnett County Criminal Defense
Lawrenceville, Duluth, Peachtree Corners, Norcross.
DeKalb County Criminal Defense
Decatur, Dunwoody, Brookhaven, Tucker.
Paulding County Criminal Defense
Dallas, Hiram.
Bartow County Criminal Defense
Cartersville, Emerson.
Fayette County Criminal Defense
Fayetteville, Peachtree City, Tyrone.
What Our Peers and Clients Say
Verified reviews from attorneys and clients who have worked with Gerald Moore.
I find him to be highly knowledgeable and principled. He is always well-prepared and effective in court.
Peer Attorney · Martindale-Hubbell
Mr. Moore provided excellent, friendly, and compassionate service for my husband. He was able to reduce the charges and get the driver's license reinstated.
Lucretia W. · Google review
Gerald Moore was incredible to work with. Thanks to his expertise, my charges were reduced and the case was resolved in a single hearing.
Madeline P. · Google review
A Permanent Record Is a Permanent Problem.
Diversion, dismissal, or reduction may be on the table. We will tell you straight what is possible.
Misdemeanor Charges in Georgia, Answered
Common questions clients ask before they call.
Do you need a lawyer for a misdemeanor in Georgia?
You are not legally required to hire a lawyer. But a misdemeanor conviction creates a permanent criminal record that affects employment, housing, and licensing. An experienced defense attorney can negotiate reductions, pursue diversion programs, challenge the evidence, and protect your record. Many cases that seem straightforward have defenses only an attorney would recognize.
What is simple battery in Georgia and what are the penalties?
Simple battery under O.C.G.A. § 16-5-23 involves intentionally making insulting or provoking contact or causing physical harm. It carries up to 12 months in jail and $1,000 fine. Family violence battery adds mandatory evaluations and firearm restrictions.
What is the penalty for first-time shoplifting in Georgia?
Shoplifting merchandise under $500 is a misdemeanor carrying up to 12 months and $1,000. Shoplifting $500+ is a felony. A fourth shoplifting conviction of any amount is a felony. First-time offenders may qualify for pretrial diversion resulting in dismissed charges.
What is disorderly conduct in Georgia and how can it be beaten?
Disorderly conduct under O.C.G.A. § 16-11-39 covers violent or tumultuous behavior or abusive language provoking a violent response. Up to 12 months and $1,000. Defense strategies include challenging the statutory definition, asserting First Amendment speech protections, and disputing the officer's account through body camera footage.
Is reckless driving a misdemeanor in Georgia?
Yes. Reckless driving under O.C.G.A. § 40-6-390 is a misdemeanor. Up to 12 months in jail, $1,000 fine, 4 points on your license, and a criminal record. In DUI cases, a reduction to reckless driving avoids mandatory license suspension and DUI-specific consequences.
Is a DUI a misdemeanor in Georgia?
First, second, and third DUI offenses within ten years are misdemeanors. A fourth DUI is a felony. Even as a misdemeanor, DUI carries license suspension, mandatory risk reduction classes, community service, and a permanent record.
Can a misdemeanor be expunged in Georgia?
Georgia has limited expungement options. Dismissed, dropped, or acquitted charges can be restricted (sealed) under O.C.G.A. § 35-3-37. Completed pretrial diversion or conditional discharge records can also be restricted. Standard misdemeanor convictions cannot be expunged. The First Offender Act allows sealing upon successful completion, but must be elected at sentencing.
What happens if a misdemeanor gets elevated to a felony?
Shoplifting over $500 or a fourth offense becomes a felony. Battery against the elderly, pregnant women, or officers can be enhanced. Theft over $1,500. Assault against an officer. Fourth DUI. Enhancement changes everything: prison time, loss of civil rights, felony record. If enhancement is possible in your case, experienced defense counsel is essential.
Contact a Marietta Misdemeanor Defense Attorney Today
A misdemeanor charge may seem small. The consequences are not. A permanent criminal record. Potential jail time. Employment barriers. Professional licensing issues. The sooner you have a defense attorney evaluating your case, the more options you have.
191 Roswell St NE, Suite 100, Marietta, GA 30060
678-699-3406
info@moorelawcenter.com