If you have been arrested in Jenkins County, GA, you need a Millen, GA criminal attorney experienced in Georgia law and criminal procedure. Criminal charges may be a misdemeanor or felony charge. Generally speaking, a misdemeanor conviction carries a lesser sentence than a felony conviction. Some crimes can become felonies based on your criminal history, while others are automatically a felony for even a first time offender. The nature and classification of the crime is often the determining factor in whether a case is filed as a misdemeanor or a felony.
Millen, GA criminal attorney Matt Hube has experience representing people charged with both misdemeanor and felony crimes. While a first time DUI in Georgia is usually a misdemeanor, it may be raised to a felony if you were involved in an accident and someone was injured or killed. Likewise, some cases that are charged as a felony may be reduced to a misdemeanor after we conduct a defense oriented investigation and present our evidence to the prosecutor during plea negotiations.
Police investigations typically focus on finding evidence that may be used to prove you committed a crime. Defense oriented investigations, however, focus on both finding evidence to prove you did not commit a crime, and finding evidence that can be used to disprove any element of the State’s case against you. An alibi defense is an example of the first type of defense. An alibi is based on evidence that you could not have committed a crime because you were not present at the time a crime was committed. For instance, an alibi defense to a sexual assault case may be that you were out of state for work or other reasons at the time the assault occurred.
The second type of evidence a defense oriented investigation focuses on is finding evidence to disprove any element of the State’s case. In order to prove their case the State must prove each element of the offense beyond a reasonable doubt. If any one of those elements cannot be proven by the State, then you should be acquitted of the charges against you. For instance, the crime of DUI in Georgia requires the State to prove that:
2. Were in actual physical control
3. Of a moving vehicle
4. In Georgia
a. You had an illegal blood alcohol content;
b. Were under the influence of alcohol or drugs to the extent you were incapable of safely operating the vehicle, or
c. You had any amount of illegal drugs in your system.
Your Millen, GA criminal attorney does not have to disprove all of these elements. The jury only needs to have a reasonable doubt about any one of these elements in order for you to be found not guilty. So, if the jury does believes that you were the driver, of a moving vehicle, in the State of Georgia, but does not believe you met any of the criteria under number five above, then you should be found not guilty.
Contact Millen, GA criminal attorney Matt Hube today for a confidential case evaluation for any misdemeanor or felony criminal case. He will give you an understanding of the nature of the charges against you, and help you understand how your type of case generally proceeds through the court system. He will help you identify defenses that may be best used in your case. Contact him today.