Getting a Misdemeanor Sentence to a Felony Plea
You have been charged with a mid level felony. Now what?Of course an attorney must counsel his clients and all in his community to respect the laws of the State. "Don't do the crime, if you can't do the time." First: get a great lawyer in your community. Examine all possible defenses and make your strategy to deal with the hand you've been dealt.
If you must plead, there may still be hope for a lenient sentence.But if you have been charged with a mid level felony, one which is punishable by up to 10 years in prison, there is still hope. Under OCGA 17-10-5, when sentencing a person who has been convicted or pled guilty to a felony which is punishable by no more than 10 years in prison, the Court can use its discretion to impose sentence as for a misdemeanor, meaning not more than 12 months. This will work for forgeries, thefts, and other felonies where the maximum sentence is capped at 10 years.