What distinguishes a misdemeanor from a felony in Georgia?

A misdemeanor and a felony in Georgia are primarily distinguished by the severity of the offense. Misdemeanors are generally considered less serious crimes, often resulting in lighter penalties such as fines or imprisonment in a county jail for a period not exceeding one year. Felonies, on the other hand, are more serious offenses that can lead to harsher penalties, including imprisonment in a state prison for a duration exceeding one year.

The distinction based on severity is fundamental in the criminal justice system, as it affects not only the possible penalties but also how cases are prosecuted and defended. Factors that might influence the classification of an offense include the nature of the crime, the potential harm to victims, and societal interest in deterrence.

While restitution may be a part of the penalties for both misdemeanors and felonies, its requirement does not define the classification of the crime itself. The length of the trial can vary greatly depending on numerous factors, and the age of the defendant does not play a role in differentiating the two types of crimes. Therefore, the key factor in distinguishing a misdemeanor from a felony in Georgia is indeed the severity of the offense.