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How Can Being a First-Time Offender Affect Your Case and Penalties?

If you do not have any prior criminal convictions, your sentence will be lighter than if it is a repeat offense, and Georgia has a robust pretrial diversion program that enables defendants without prior convictions to complete their sentences without getting a conviction on their records.

Breaking the law one time does not make you a career criminal. If you get accused of a crime for the first time, one of two things is true. Either you are young, and there is no way of knowing whether you will commit additional crimes in the future, or you are not young, and except for the present run-in with the law, you have a proven record of law-abiding behavior. Therefore, the penalties you can receive for a first-time conviction tend to be less than what you would get for a repeat offense. Despite this, it only takes one felony conviction to deprive you of your voting rights and your right to own firearms, and it only takes one misdemeanor conviction to make prospective employers look askance at your job application. The courts provide plenty of opportunities for defendants accused of first offenses to avoid a criminal conviction, but it is easier to access these opportunities with the help of an Atlanta criminal defense lawyer.

How is a First Offense Different From Subsequent Offenses?

The sentencing guidelines for many crimes, both misdemeanors and felonies, vary according to whether the defendant has previously been convicted of the same crime, and the penalties are more severe if it is a repeat offense. If you get a first-time conviction for a misdemeanor, the judge is unlikely to sentence you to jail time, even if it is an option, especially if you plead guilty. From shoplifting to drug possession to drunk driving, the court often gives you the benefit of the doubt when it is a first offense. Of course, if you are convicted or plead guilty, you still get a conviction on your record.

The Georgia First Offender Act

Georgia’s First Offender Act differs from most pretrial diversion programs in that it is available to defendants who are being charged with a felony and do not have any prior felony convictions from any state; misdemeanor convictions do not disqualify you. Your lawyer must request entrance to the First Offender program for you. You enter a plea of no contest and then serve the usual sentence for your charges, which may include jail time, but if you complete the sentence without incurring any other criminal cases, you do not get a conviction on your record. Felonies that involve violence, sexual behavior, or motor vehicles are not eligible for the program.

Contact an Atlanta Criminal Defense Lawyer Today

A criminal defense lawyer can help you enter and successfully complete the First Offender program if it is your first time being charged with a felony. Contact the defense lawyers at Ghanayem & Rayasam in Atlanta, Georgia, about criminal defense cases.