The Solicitor's Office prosecutes misdemeanors, which are formally charged through accusation. A misdemeanor offense is punishable by up to 12 months, usually to be served on probation, and is generally eligible for pre-trial diversion if it is a first offense.

Pre-trial diversion requires the completion of certain conditions, including community service and any applicable counseling (such as anger management, drug/alcohol, shoplifting, etc.), and results in a dismissal of the charges and expungement of the arrest from the individual's record.

Examples of misdemeanors include:

• underage drinking
• criminal trespass
• DUI
• shoplifting-under $300
• theft-under $500
• simple assault
• simple battery
• domestic violence
• possession of marijuana under 1 oz

The District Attorney's Office prosecutes felonies, which are formally charged through indictment and must be presented to a grand jury. Felony convictions can result in a sentence of anywhere from 1 year to life, either to be served on probation, in jail, or a combination of both.  Additionally, a felony conviction results in the loss of certain rights, including the right to vote and the right to possess any weapons.

Some counties offer felony pre-trial diversion for first-time offenders, and the State of Georgia has enacted the First Offender Act which allows an individual to enter a dischargeable plea.

Examples of felonies include:

• any other drug charges
• criminal damage to property
• criminal attempt, solicitation, and conspiracy
• all types of fraud
• forgery
• identity theft
• possession of child pornography
• shoplifting-over $300
• theft-over $500
• aggravated assault
• aggravated battery

Having a criminal defense attorney who is well-respected and experienced will make the difference in how your case is treated, and what the outcome will be.