Criminal Attorney in Atlanta: Felony & Misdemeanor Defense

William C. Head, PC defends felony and misdemeanor criminal charges across metro Atlanta. A criminal defense attorney is a lawyer who represents individuals charged with a crime. These charges range from misdemeanor traffic offenses to serious felonies. For anyone who needs a Lawrenceville criminal lawyer, our firm covers Gwinnett County and its courts. Attorneys Bubba Head, Larry Kohn, and Cory Yager bring decades of criminal defense experience under Georgia law. Our team handles DUI, drug charges, vehicular homicide, and many other criminal offenses in Georgia's state and superior courts. This page covers the types of charges Georgia prosecutors bring, felony vs. misdemeanor distinctions, drug possession classification, the criminal case process, and how to contact our firm for a free consultation. Call today at (404) 567-5515.

What a Georgia Criminal Defense Attorney Does

A criminal defense lawyer guides you through every phase of a Georgia criminal case. The process starts at arrest. Officers book you and file charges. Within two to three days, you appear before a judge for a first appearance hearing. The judge sets bond terms at that hearing. Having a lawyer at this early stage can mean the difference between jail and going home.

After the first hearing, your lawyer investigates the facts. We review police reports and gather evidence. For felony charges, you can request a preliminary hearing. This hearing forces the state to show probable cause before moving forward.

If you are jailed without bail, Georgia law protects your rights. Under Georgia law, you are entitled to a grand jury review within 90 days of confinement. If no grand jury considers the charges in that time, the court must set bail on your application.

Your lawyer can challenge weak evidence early. Sometimes charges are reduced or dismissed before indictment. The pretrial phase involves filing motions. Search and seizure rules are a common battleground. These motions challenge illegally obtained evidence. Your lawyer also negotiates with the state and prepares for trial. If the case does not settle through a plea, your lawyer presents your defense to a judge or jury.

Georgia handles misdemeanors and felonies in different courts. Misdemeanor cases go through state court. These include simple battery, minor drug possession, and first-offense DUI. Misdemeanor sentences max out at 12 months in jail and a $1,000 fine. Felony cases move to superior court, where penalties are far more severe.

Early representation matters. Evidence degrades over time. Witnesses forget details. Prosecutors build stronger cases with each passing week. The sooner a skilled defense lawyer reviews your case, the more options you have.

Is Possession of Drugs a Felony in Georgia?

In Georgia, possession of most controlled substances is a felony. Under the Georgia Controlled Substances Act, possession of a controlled substance in any schedule is a felony offense. The only major exception is marijuana in small amounts.

Georgia law groups controlled substances into five schedules. The schedule of the drug controls the penalty range.

Schedule I and Schedule II Drugs

Schedule I substances include heroin, MDMA, and LSD. Schedule II substances include cocaine, methamphetamine, and fentanyl. A felony for possession of Schedule I or II drugs carries a sentence that rises with the aggregate weight involved, from one to three years at the lowest tier up to one to 15 years. Possession of these illegal drugs is among the most heavily punished drug offenses in Georgia.

Schedule III, IV, and V Drugs

Schedule III drugs include certain steroids and ketamine. Schedules IV and V cover prescription medications like benzodiazepines and certain cough preparations. Simple possession of a Schedule III, IV, or V substance is still a felony, generally punishable by one to three years in prison. A third or subsequent conviction raises that range to one to five years, still short of the top ranges for Schedule I or II drugs.

Marijuana Possession

Marijuana is treated differently under Georgia law. Possession of one ounce or less is a misdemeanor. The penalty is up to 12 months in jail and a fine not to exceed $1,000. Possession of more than one ounce is a felony under Georgia law, punishable by one to ten years in prison.

First-Offender Treatment and Subsequent Offenses

Georgia offers a conditional discharge option for certain first-time drug offenders. Under Georgia law, a court may defer further proceedings for a person with no prior drug conviction who pleads guilty to or is found guilty of possession, if that person consents. The court then places the person on probation for up to three years without a formal conviction. If the person completes the terms, the court dismisses the case. No adjudication of guilt occurs. You can use this option only once. Ask a criminal attorney whether drug court or other diversion programs are available in the county where your case is pending.

Subsequent offenses carry enhanced penalties. A second or third felony possession conviction results in longer prison sentences. Eligibility for alternative sentencing also drops. The specific penalty depends on the schedule, the quantity, and your criminal history. Anyone facing drug charges should consult a criminal attorney to understand their exposure.

Felony vs. Misdemeanor Charges in Georgia

Georgia divides criminal offenses into two broad categories: misdemeanors and felonies. The classification controls which court hears the case, the range of punishment, and the long-term impact on your life.

Misdemeanor Charges

Standard misdemeanors carry up to 12 months in county jail and a $1,000 fine. Common ones include simple assault, shoplifting under $500, and a first DUI. Georgia state courts handle these cases.

High and aggravated misdemeanors carry harsher penalties. You face up to 12 months in jail. Fines can reach $5,000. A third DUI conviction within ten years falls in this category, as does battery against a pregnant victim or in a public transit vehicle. Domestic violence charges escalate on their own track: a second family violence battery conviction is a felony.

Felony Charges

Felonies carry more than 12 months in state prison. Sentences can reach life or even death for the worst crimes. Drug trafficking, armed robbery, vehicular homicide, and aggravated assault are common felony charges in Georgia.

Only superior courts hear felony cases. Sentencing ranges vary widely. A felony drug possession charge may start at one to three years. Trafficking in cocaine carries a mandatory minimum of ten years even at the lowest weight tier, and no trafficking sentence may exceed 30 years.

Collateral Consequences

Beyond jail time and fines, a conviction creates lasting problems. Felony convictions reach well past the courthouse. A felony strips your right to own a gun under both Georgia and federal law. Professional licensing boards cover nurses, teachers, and lawyers. These boards can deny or pull licenses. Non-citizens can face deportation. Even a misdemeanor conviction can limit job and housing options.

Knowing the difference shows the stakes. Whether a charge is filed as a felony or a misdemeanor changes which court hears it, the sentencing range it carries, and the collateral damage a conviction leaves behind. The outcome depends on the facts of your case. Classification matters a great deal.

Criminal Charges We Defend

Mr. Head and his law partners have handled every kind of criminal case. Our firm built its name on aggressive defense across a broad range of Georgia charges. We handle these cases in Gwinnett, Fulton, DeKalb, Cobb, and surrounding metro-Atlanta counties. Our lawyers also appear in the Cherokee County criminal courts.

DUI and Drug-DUI

Driving under the influence charges cover alcohol, prescription drugs, marijuana, and street drugs. Penalties climb sharply from first offense through fourth offense, which is a felony. Drugged driving cases turn on complex lab evidence that takes special defense knowledge.

Drug Possession, Distribution, and Trafficking

Georgia drug crimes run a wide range. Charges range from possession of marijuana to felony trafficking in meth or cocaine. Trafficking charges carry mandatory minimum sentences, and a judge may go below them only in the narrow circumstances the trafficking statute spells out. Possession with intent to distribute and other distribution charges often turn on the amount seized and whether the police search was lawful. Drug cases also turn on whether the state can prove actual or constructive possession.

Vehicular Homicide and Serious Injury by Vehicle

These felony charges come from deadly or severe-injury crashes tied to DUI or reckless driving. Vehicular homicide can carry up to 15 years in state prison. These cases demand a fast investigation and strong expert help.

Traffic Misdemeanors

Reckless driving, hit and run, racing, and driving on a suspended license are common charges. Though labeled misdemeanors, a conviction can bring jail time, a lost license, and a permanent record.

Theft, Shoplifting, and Burglary

Georgia theft crimes range from misdemeanor shoplifting under $500 to felony burglary carrying up to 20 years. The property value and the facts decide the label.

Assault and Battery

Simple battery is a misdemeanor. Aggravated assault – with a deadly weapon or intent to murder, rape, or rob – is a felony carrying one to 20 years.

Probation Violations

A probation violation can bring back the full original sentence. Whether technical or new-offense, these hearings need a skilled lawyer to keep you out of jail.

Our Focus on DUI, Drug, and Vehicular Homicide Defense

William C. Head, PC focuses heavily on driving-related criminal cases. This focus builds deeper technical knowledge of the evidence these cases turn on.

DUI defense, drugged driving, vehicular homicide, and serious injury by vehicle cases form the core of our practice. This focus matters. Georgia's DUI and vehicular crime laws turn on technical evidence. Breath test rules, blood draws, field sobriety tests, crash reconstruction, and lab reports all play key roles. A general firm may handle a handful of these cases per year. Our lawyers handle them every week.

Decades of focused practice build ties with prosecutors and judges across metro Atlanta's courts. We know the tendencies of individual courtrooms. We understand the strengths and weaknesses of common prosecution strategies. We know the technical standards that police officers often fail to follow.

Felony charges demand serious attention. A serious accident, a fourth-offense allegation, or a vehicular homicide accusation raises the stakes. Our defense team handles these cases as a primary practice area. We take cases to trial when the facts support it, rather than settling for a quick plea.

Attorney Credentials and Recognition

Bubba Head's commitment to criminal defense began in the 1970s. He joined the Georgia Association of Criminal Defense Lawyers. He became a Life Member in 1995. He is also a Life Member of the National Association of Criminal Defense Lawyers.

In 1994, Mr. Head founded the National College for DUI Defense. The group now has over 2,000 members across the country. He served as a Regent from 1995 to 1997 and again from 2000 to 2003.

Mr. Head has authored or co-authored more than a dozen books on drunk driving defense and criminal law. His landmark 1991 book explained how to fight DUI charges in Georgia courts.

Larry Kohn brings over 20 years of criminal defense experience to the firm. In 2016, he was invited to contribute to a national drunk driving defense publication.

Cory Yager is a former police officer turned criminal defense attorney. He offers a rare view of police procedure and evidence work. In 2016, he was also invited to author a chapter in a national DUI trial practice book.

Together, the three partners have earned over 540 five-star client reviews on AVVO. More than 135 practicing attorneys from over 30 states have posted peer endorsements for Mr. Head. These credentials reflect decades of focused Georgia criminal defense work, not general practice. Past results do not guarantee a similar outcome. Every case is different and results depend on the specific facts.

Georgia DUI Defense – Serious Cases Need Serious Lawyers

Bubba Head has built his practice around serious Georgia DUI cases. He handles both DUI less safe charges and cases where breath test results exceed the legal limit.

When you face accident-related DUI charges – whether felony or misdemeanor – you need experienced lawyers. Child endangerment charges may also apply in some cases. A DUI accident carrying up to 15 years in state prison changes your life.

A DUI felony involving a wreck or pedestrian accident demands aggressive defense. Serious injury or vehicular homicide accusations require a lawyer focused on keeping you out of state prison.

For over 28 years, DUI lawyer William C. "Bubba" Head has authored or co-authored more than a dozen books on drunk driving defense and criminal law. This deep knowledge sets Mr. Head and his law partners apart from other lawyers. More than 500 Georgia lawyers claim to practice drunk driving law. Fighting DUI cases effectively is rare.

In 1991, Mr. Head wrote a book on how to beat a DUI in court. When comparing Georgia lawyers, weigh our DUI law firm against others. Consider our 20-year veteran DUI lawyer Larry Kohn. Consider former police officer Cory Yager. Both bring skills that general DUI lawyers lack.

Mr. Yager and Mr. Kohn have worked with Mr. Head for almost 13 years. You can weigh for yourself what our three partners bring to a Georgia DUI case.

In 2016, both Mr. Yager and Mr. Kohn were invited to become legal book authors. They wrote chapters for separate national drunk driving lawyer books on DUI trial practice.

Our Sandy Springs DUI law firm is located at the north end of the Perimeter. We are in The Prado shopping center off Roswell Road. Call (404) 567-5515 and speak with our friendly staff about setting up your free consultation. A live professional answers our phones 24 hours a day, 7 days a week. Our criminal lawyers will give you sound legal advice.

Other valuable insights on this website: Is a DUI a Criminal Offense in Georgia?

Lawrenceville Criminal Lawyer – Defending Gwinnett County Charges

Gwinnett County runs some of the busiest courts in Georgia. Residents facing charges need a Lawrenceville criminal lawyer who knows the local courts.

William C. Head, PC regularly defends clients in Gwinnett County Superior Court. We also handle cases in Gwinnett County State Court and Gwinnett County Recorder's Court. Those courts sit in the Gwinnett Justice and Administration Center at 75 Langley Drive in Lawrenceville. We also appear in Lawrenceville Municipal Court.

Common charges we handle in Gwinnett County include DUI, drug possession, theft, battery, domestic violence, and traffic misdemeanors. Each court follows its own procedures. Knowing the local prosecutors and judges creates a real edge.

Our lawyers know which assistant district attorneys handle which case types. We know how each courtroom treats motions, plea offers, and sentencing.

Felony defense in Gwinnett County Superior Court often turns on pretrial work. That means testing how the evidence was gathered and moving to suppress anything obtained in violation of your rights. The outcome varies with the facts of each case. Familiarity with how a particular court handles those motions is part of what a defense lawyer brings to the work.

You want a team with courtroom experience in specific Gwinnett venues. Our firm has spent decades building that experience across Gwinnett County's courts. We handle cases for Lawrenceville residents and clients throughout the county.

Consultations are available by phone or at our Atlanta office. A Lawrenceville criminal lawyer from our team can review your case and explain your options at no cost. Call (404) 567-5515.

DUI Attorneys in Lawrenceville and Gwinnett County

Gwinnett State Court handles most DUI cases filed in Gwinnett County. Driving under the influence covers driving under the influence of alcohol, drugs, or any combination that renders a driver less safe. A conviction carries license suspension, fines, community service, and possible jail time – even on a first offense.

The Lawrenceville area sees many DUI arrests along I-85, Sugarloaf Parkway, and at periodic DUI checkpoints throughout Gwinnett County. Officers from Gwinnett County Police, Lawrenceville Police Department, and Georgia State Patrol all make arrests that funnel into Gwinnett State Court.

If you were arrested for DUI, one deadline matters more than any other. You have 30 days from the date you are served with the notice of suspension, which normally happens at your arrest, to request an administrative license suspension hearing. The request carries a $150 filing fee. Miss the deadline and the right to that hearing is waived, and the suspension takes effect.

Breath-test administration is a common area of challenge in Gwinnett State Court DUI cases. Georgia law puts the operator's permit and whether the instrument was in good working order squarely in issue at a license suspension hearing. The outcome of any case depends on its unique facts. These technical details are easy to miss without a lawyer who handles DUI cases regularly.

Our firm's decades of focused DUI defense give us the technical knowledge and courtroom feel that general firms lack. Call (404) 567-5515 right away after a Gwinnett County DUI arrest.

Serving Clients Beyond Georgia – Referral Network

Bubba Head and his partners are licensed to practice law in Georgia. For criminal defense matters outside Georgia, the firm connects clients with vetted local attorneys. This includes Florida communities like Winter Garden, Vero Beach, and nearby areas. Someone who needs a criminal attorney in a Vero Beach court gets matched through our national referral network.

This network draws on Mr. Head's decades of involvement with the National Association of Criminal Defense Lawyers. It also draws on his founding role with the National College for DUI Defense. These groups bring together skilled defense lawyers from every state.

When someone asks us for a criminal lawyer in Winter Garden, we refer them to counsel they can trust. We base the referral on credentials and track record. The same applies to other out-of-state communities.

We want to be transparent. We do not practice law in Florida or any state other than Georgia. Our professional relationships across the country help us connect you with criminal defense lawyers in your jurisdiction. These lawyers share our commitment to aggressive, client-focused defense.

If you need a criminal lawyer in Vero Beach or any other out-of-state community, call (404) 567-5515. We will connect you with a qualified local lawyer where your case sits.

Why Choose Bubba Head for Your Georgia Criminal Defense

William C. Head, PC has practiced only criminal defense in Georgia for decades. We do not dabble in family law, personal injury, or real estate closings. Criminal defense is all we do.

That focus matters because Georgia criminal courts reward experience. Our attorneys know how prosecutors build cases. We know how judges rule on motions. We know what evidence weaknesses to exploit.

We handle both felony and misdemeanor charges statewide. Our cases range from DUI and drug charges to vehicular homicide and serious injury by vehicle.

Unlike firms that settle every case with a plea, our team prepares every case for trial. Prosecutors treat defense lawyers differently when they know a lawyer will go to trial. That willingness to fight changes the dynamic of every negotiation.

Our three partners each bring distinct strengths. Bubba Head brings national authorship and reputation. Larry Kohn brings 20 years of courtroom experience. Cory Yager brings a law enforcement background. Your case gets a defense team, not a solo practitioner stretched thin.

If you need a Georgia criminal defense lawyer who will take your case seriously, call (404) 567-5515 for a free consultation.

The Georgia Criminal Case Process: From Arrest to Resolution

A Georgia criminal case follows a structured path. Knowing what happens at each stage helps you prepare and make better decisions with your lawyer.

Arrest and booking. The case begins when police arrest you and take you to the county jail for booking. Officers record your information and file charges.

First appearance. Within 48 to 72 hours, a judge holds a first appearance hearing. The judge reads the charges and sets bond. Your lawyer can argue for lower bond or release on your own recognizance.

Arraignment. You enter a formal plea – guilty, not guilty, or no contest. In misdemeanor cases heard in state or municipal court, this may happen quickly. Felony cases require additional steps before arraignment.

Discovery and motions. Your lawyer reviews all evidence the state plans to use. This includes police reports, lab results, body camera footage, and witness statements. If police violated your rights during the arrest or search, your lawyer files a motion to suppress that evidence.

Plea negotiation vs. trial. Many cases resolve through negotiation. The prosecutor may offer reduced charges or a lighter sentence in exchange for a guilty plea. If the offer is not fair – or if the evidence is weak – your lawyer takes the case to trial.

Felony cases follow a separate track. After arrest, the prosecutor presents the case to a grand jury. If the grand jury returns an indictment, the case moves to superior court for trial. Felony trials are more complex and carry higher stakes.

Sentencing. If convicted at trial or through a plea, the judge imposes a sentence. The sentence is based on the charge, your criminal history, and the facts of the case. Georgia law sets ranges for each offense, and your lawyer can argue for the lowest appropriate sentence.

Frequently Asked Questions

What Is the Difference Between a Felony and a Misdemeanor in Georgia?

Georgia misdemeanors carry up to 12 months in county jail and a $1,000 fine. High and aggravated misdemeanors can bring fines up to $5,000. Felonies carry more than 12 months in state prison and can reach life imprisonment. Felonies also carry added harms – lost gun rights, license trouble, and immigration risk. The classification determines whether your case is heard in state court or superior court.

Do I Need a Lawrenceville Criminal Lawyer if the Case Is in Gwinnett County Superior Court?

Yes. You need a defense lawyer who knows Gwinnett County Superior Court specifically. This court handles all felony cases in Gwinnett County. Knowing the local prosecutors, judges, and courtroom rules can change the outcome. Our lawyers regularly appear in Gwinnett County Superior Court and know how cases move through that system. You are not required to hire a lawyer located in Lawrenceville. But you want one who works there often.

How Much Does a Criminal Defense Attorney Cost in Georgia?

Fees vary with the charge, the case, and whether it goes to trial. Misdemeanor cases generally cost less than felonies. Some lawyers charge flat fees while others bill hourly. William C. Head, PC offers a free initial consultation where we discuss your case and provide a clear fee estimate before you commit. The cost of not hiring a skilled lawyer – jail time, fines, a permanent record – almost always tops the legal fee.

How Quickly Should I Contact a Criminal Defense Attorney After Being Arrested in Gwinnett County?

Call a lawyer within 24 hours if possible. DUI arrests trigger a 30-day deadline to request an administrative license suspension hearing under Georgia's implied consent law. Missing this deadline results in automatic license suspension. Starting early lets your lawyer save evidence and talk to witnesses while memories are fresh. Your lawyer can also start building your defense before the state gains steam. Call (404) 567-5515 any time – we answer 24 hours a day, 7 days a week.

What Does a Criminal Attorney Do in Georgia?

A criminal attorney handles every stage of a criminal case under Georgia law. Your attorney reviews the arrest and police reports. Your attorney files motions to suppress evidence obtained in violation of your rights. Your attorney also negotiates with prosecutors for reduced charges or dismissal. If the case goes to trial, your criminal attorney presents your defense before a judge or jury.

Georgia's criminal procedure rules govern how cases move through the system. Misdemeanor cases are heard in municipal or state court. Felony cases go to superior court after a grand jury indictment. A criminal attorney guides you through whichever track applies. The right lawyer identifies weaknesses in the state's case early and uses them to protect your rights at every stage.

What Are the Penalties for a Felony for Possession of a Controlled Substance in Georgia?

Penalties depend on the drug's schedule, the quantity, and your criminal history. Felony possession of Schedule I or II substances such as heroin, cocaine, or methamphetamine can carry significant prison time. Lower-schedule substances may carry shorter sentences. Repeat offenders face enhanced penalties. Georgia does offer a conditional discharge for certain first-time offenders. Every case is different, so consult a criminal attorney about your specific charges.

Do I Need a Criminal Attorney for a Misdemeanor Charge?

Yes. Even a misdemeanor conviction can result in jail time, fines, and a permanent criminal record. High and aggravated misdemeanors in Georgia carry fines up to $5,000 and up to 12 months in jail. A conviction can also affect your job, housing options, and professional licenses. A criminal attorney can challenge the evidence, negotiate with prosecutors, and work toward reduced charges or dismissal.

Speak With a Georgia Criminal Attorney Today

If you face criminal charges in Georgia, early action matters. Evidence can degrade. Witnesses forget details. DUI cases carry a 30-day deadline to challenge your license suspension. The sooner you speak with a criminal attorney, the more options your defense team has.

When you call William C. Head, PC at (404) 567-5515, you get a free, confidential consultation. During that call, a lawyer will review your case. The lawyer will explain whether you face felony or misdemeanor exposure. We will outline clear next steps. No obligation exists.

You can also reach us through the contact form on this page. A live professional answers our phones 24 hours a day, 7 days a week. Call now to protect your rights.