The criminal division handles matters such as search and arrest warrants, warrant applications, first appearance hearings, preliminary hearings, child abandonment warrant applications, and deposit account fraud. Crimes are divided into two main classes – either felony or misdemeanor.

A misdemeanor is an offense for which the Defendant may be sentenced to a term of imprisonment not more than one year may be imposed. Examples of misdemeanor crimes include:

• Battery
• Criminal Trespass
• Family Violence Battery
• Giving a False Name or Date of Birth to a Law Enforcement Officer Engaged in a Lawful Investigation
• Harassing Phone Calls
• Possession of 1 ounce or less of marijuana
• Simple Battery
• Theft of Property valued at $1,500 or less

A felony is an offense for which you can go to jail for more than 12 months and/or be fined. A felony may be punishable by death or imprisonment. Examples of felony crimes include:

• Aggravated Assault
• Armed Robbery
• Child Molestation
• Forgery - 1st through 3rd degree
• Murder
• Property Damage exceeding $500 in value
• Rape
• Theft of Property valued at more than $1,500
• Violation of the Georgia Controlled Substances Act (drug charges other than possession of 1 ounce or less of marijuana)

As a general rule, criminal cases are prosecuted where the crime occurred. For felony offenses, it would be the county where the offense occurred. Felony offenses may originate as an arrest warrant in magistrate court, but the trial of these cases is conducted in Superior Court and prosecuted by the District Attorney.

Misdemeanor offenses are also tried in the county where the offense occurred. Many of these offenses, other than traffic citations, may originate as an arrest warrant in Magistrate Court, but the trial of these cases is conducted in State Court by the Solicitor General.

Some misdemeanor offenses, such as deposit account fraud, theft by shoplifting (misdemeanor), VGCSA possession of marijuana less than one ounce, minor in possession of alcohol, may also be tried in Magistrate Court or Municipal Court, if the offense occurred within the jurisdictional boundary of a municipality. These offenses may originate as either a warrant or citation.