Cobb County Sex Crime Lawyers
Former District Attorneys Bring More Than 100 Years of Combined Litigation Experience
If you’re facing sex crime allegations, we know it can be one of the most stressful, intimidating, and life-changing events you’ll ever experience. These allegations carry serious potential penalties and a damaging social stigma.
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we understand the distress and fear you may be experiencing. Our team of criminal defense lawyers brings more than 100 years of combined litigation experience to your defense.
Everyone deserves a thorough defense, regardless of the nature of the alleged crime. We investigate the circumstances of the accusation and analyze the evidence supporting the charge.
When you’re investigated or arrested, you enter an unfamiliar system that may involve local law enforcement, the Cobb County Sheriff’s Office, and hearings in Cobb County Superior Court. We explain what to expect at each stage, from the first interview with detectives through bond hearings, pretrial motions, and a potential trial. Decisions made in the first few days can affect evidence, charging decisions, bond conditions, and later defense options.
Because the fallout from an allegation can reach into every area of your life, we also address practical concerns, such as whether you can remain in the family home, how a no-contact order could affect parenting time, and what to say if an employer asks about the case. We provide clear guidance so you don’t unintentionally harm your position while trying to protect your reputation, career, or relationships.
Contact us to request a confidential consultation with Smith, Schnatmeier, Dettmering & Kilgo, LLP, or call (770) 599-5328.
Common Sex Crime Charges in Georgia
In Georgia, a wide range of offenses fall under the category of sex crimes, many of which are defined in the Official Code of Georgia Annotated (O.C.G.A.) Title 16, Chapter 6. The law distinguishes among these offenses based on facts such as the alleged conduct, the use of force, the other person’s age, and capacity to consent.
Georgia law defines each sex-related offense by its own elements, and whether an allegation is charged as a misdemeanor or felony depends on those statutory facts rather than the general label assigned to the conduct. We analyze the statute underlying the charge and look for weaknesses in the prosecution’s evidence.
In many cases we handle in and around Marietta, the criminal charge doesn’t fully capture what is at stake for the person accused. An allegation arising from a breakup, family dispute, or online chat can escalate into a felony investigation even when there is no physical evidence. We examine how the accusation arose, whether text messages, social media, or other digital records support or undermine the claim, and whether witnesses have motives to exaggerate or misinterpret what happened. The context and history between the people involved may reveal facts that the charging documents don’t mention.
These crimes can include, but are not limited to:
- Indecent exposure
- Lewd conduct
- Prostitution
- Solicitation
- Sexual assault or battery
- Rape, statutory rape, and date rape
- Possession or distribution of child pornography
- Solicitation of minors over the internet
- Sexting
Elements the Prosecution May Need to Prove
The elements depend on the statute charged and the facts alleged. Depending on the offense, the prosecution may need to prove one or more of the following beyond a reasonable doubt:
- Lack of Consent: For offenses requiring proof of nonconsensual conduct, the state must prove that the sexual contact or activity occurred without intelligent, knowing, and voluntary consent.
- Unlawful Sexual Contact: The state may need to prove that the defendant engaged in sexual activity prohibited by law. This can include conduct that doesn’t involve force, such as conduct involving a minor or a person who is mentally incapacitated.
- Force, Threats, or Deceit: When required by the charged statute, the state must prove that the defendant used force, threats, or deceit to compel the alleged act.
The prosecution’s case may rely on testimony from the alleged victim and other witnesses, along with forensic or digital evidence. We scrutinize how the evidence was collected and analyzed, test the reliability of witness accounts, and determine whether the state can prove each required element.
We also review how investigators gathered evidence, including interviews conducted at agencies such as the Children’s Advocacy Center or with Cobb County law enforcement, and whether statements or searches violated your constitutional rights.
How Sex Crime Cases Move through the Cobb County Courts
An investigation may begin with a report to a city police department, the Cobb County Police Department, or another agency, followed by interviews and evidence collection. If officers believe there is probable cause, they may obtain a warrant. An arrest may lead to detention at the Cobb County Adult Detention Center while you await a bond hearing. Legal guidance at these early stages can help you avoid statements, contact, or other actions that could affect your defense.
Once charges are filed, felony cases generally proceed in Superior Court for indictment and further proceedings, while certain misdemeanor allegations may be handled in State Court or a local municipal court. We prepare you for arraignment, pretrial conferences, motion hearings, and trial settings so you understand the purpose of each appearance. That preparation includes when to arrive, what to expect in the courtroom, and how to avoid discussing case facts without legal advice.
Throughout the process, we communicate with prosecutors to obtain discovery, discuss potential plea offers, and determine whether diversion, treatment-based options, or other alternatives are legally available. A negotiated resolution isn’t appropriate or available in every case. We explain the options at each stage so you can decide whether to pursue an agreement or proceed toward trial.
The Right Choice for Your Defense
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Constant Contact with Client
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Results Oriented
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Personalized Attention
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100+ Years of Combined Experience
Client Experiences
Hear from those we've represented in their legal battles.
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Thank you, Ben Smith, for your time, knowledge, and your thoroughness and wisdom
Former Client -
Ben, I was very impressed with how you handled everything.
Jeff -
Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
Anonymous
Sex Offender Registration in Cobb County
Whether registration applies depends on the specific offense and statutory conditions under Georgia law. It isn’t an automatic consequence of every sex-related conviction. The Georgia Bureau of Investigation manages the statewide Georgia Sex Offender Registry, which is available to the public and includes identifying information and offense details for individuals required to register. Reporting deadlines and applicable restrictions vary by offense and individual circumstances, so you should seek individualized legal advice about the requirements that apply to you.
Georgia’s Sexual Offender Risk Review Board classifies registrants using available information, including criminal history, law enforcement records, court documents, supervision history, and treatment documentation. Classifications include Level 1 (an average or lower risk of sexually re-offending), Level 2 (an above-average risk of sexually re-offending), and Sexually Dangerous Predator (a well-above-average risk of re-offending). Classification is fact-dependent; not everyone subject to registration receives the same classification or faces identical restrictions.
Depending on the conviction and applicable law, registration may affect where a person can live, work, or spend time. It may also involve reporting duties and compliance checks by local law enforcement. We explain which requirements and restrictions apply, how to avoid violations that could lead to new charges, and how those rules may affect your daily responsibilities.
We also evaluate whether Georgia law provides a future avenue to seek modification of or relief from registration based on the specific offense, criminal history, and post-conviction conduct. Not everyone qualifies, and the timing and procedure depend on individual circumstances. We explain the available options and the legal requirements for pursuing them.
How We Build a Defense Against Sex Crime Charges
We select defense strategies based on the charged statute, available evidence, and facts of the case. Potential issues we may evaluate include:
- Consent: When consent is legally relevant and the alleged victim is of legal age, we evaluate whether the activity was consensual and whether the prosecution can prove the absence of consent beyond a reasonable doubt.
- False Accusations: We examine whether the alleged victim had a motive to fabricate or exaggerate the accusations, including anger, jealousy, or a desire for leverage in a personal dispute.
- Insufficient Evidence: The prosecution must prove its case beyond a reasonable doubt. We evaluate whether witness testimony is consistent and whether forensic evidence was properly collected, preserved, and interpreted.
- Mistaken Identity: We assess whether the accused was misidentified, particularly when identification rests on a flawed witness lineup or a single, brief observation.
- Constitutional Violations: We examine whether an unlawful search or seizure, involuntary statement, or improper identification procedure violated your rights.
We begin by listening to your account and reviewing available discovery, including police reports, medical records, witness statements, and digital evidence such as phone extractions or social media messages. When appropriate, we work with investigators or qualified professionals to locate witnesses, analyze electronic data, or review forensic findings. This review can identify potential defenses, grounds to challenge admissibility, and reasonable alternative explanations for the allegations.
Sex offense cases may involve specialized investigative units, technical evidence, or testimony from qualified professionals. We prepare you for interviews, depositions, hearings, and trial when necessary. We also explain how cross-examination works, what courtroom procedures to expect, and how specific evidence may affect plea and trial decisions.
Frequently Asked Questions
How Can Your Former Prosecutors Help with My Defense?
Our former District Attorneys understand how the state develops and presents criminal cases. That perspective helps us anticipate prosecutorial strategies, evaluate the strengths and weaknesses of the evidence, and prepare for negotiations or trial.
What Should I Do Immediately After Being Accused?
Seek individualized legal advice before speaking to investigators, the alleged victim, or anyone else about the facts. Preserve relevant communications, devices, records, and other materials, and don’t post about the situation on social media. Follow your attorney’s guidance about your rights and next steps.
Can Sex Crime Charges Be Dismissed or Reduced?
Whether charges can be dismissed or reduced depends on the statute, evidence, procedural history, and legal issues in the case. Weak or flawed evidence and constitutional violations may affect the available options. Our attorneys can evaluate the facts and explain which options may be legally available.
How Long Does a Sex Crime Case Take to Resolve?
Timelines vary considerably. Discovery, motion practice, court scheduling, witness availability, and the complexity of the evidence can all affect timing. Some cases conclude through plea negotiations, while others proceed to trial.
More than 100 Years of Combined Litigation Experience
When you’re facing a sex crime charge, you need attorneys who will examine the evidence, explain your options, and remain available as the case develops. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we combine former-prosecutor insight with personalized communication and thorough preparation.
Experience & Professional Recognition
Our attorneys bring more than 100 years of combined litigation experience to criminal defense cases. We use that experience to analyze the charge, protect your constitutional rights, and prepare for negotiations, motions, or trial as the facts require.
Here’s what sets our firm apart:
- Former District Attorneys: Our legal team includes former District Attorneys who prosecuted crimes for the State of Georgia. Their experience provides insight into how prosecutors evaluate evidence, make charging decisions, and prepare cases.
- Constant Contact with Clients: We understand the importance of clear communication during a difficult time. Our attorneys remain in constant contact with clients throughout the legal process, explaining developments and upcoming decisions.
- Professional Recognition: Attorney Schnatmeier holds a 10.0 Superb Avvo rating, is a Super Lawyer, and has received an AV Preeminent® peer-reviewed rating from Martindale-Hubbell®. Our firm is also listed in Best Law Firms by U.S. News and World Report.
- Personalized, Rights-Focused Advocacy: We tailor our approach to the facts, evidence, and client’s priorities while protecting constitutional rights and maintaining professional and ethical standards.
Local Guidance & Communication
Because our office is located in Marietta, we regularly handle cases in Cobb County courts and understand local procedures. That familiarity informs how we prepare for hearings, communicate with prosecutors, and evaluate options in different types of sex crime cases.
Trust and communication are essential when an accusation involves highly personal allegations. From the first consultation, we encourage you to ask questions and share details that may be difficult to discuss. Our team explains legal concepts in plain language, provides updates, and works with you to set realistic goals based on what matters to you and your family.
What to Expect When You Work With Our Marietta Team
When someone contacts us about a sex crime accusation in Marietta, we begin by listening carefully, reviewing the known facts, and explaining what comes next. During the initial consultation, we ask how the allegation arose, whether you’ve spoken with law enforcement, and what evidence may exist, including messages, emails, photographs, or videos. This information helps us identify immediate risks, evidence that should be preserved, and the next procedural step.
After you decide to move forward with our firm, we gather court records, request discovery from the prosecutor, and assemble a timeline of events. We keep you informed as new information becomes available. When you must decide whether to speak with an investigator, accept a plea offer, or proceed to trial, we explain the advantages, risks, and potential consequences of each option.
Throughout the case, you have direct access to our team for updates and guidance. We prepare you for hearings, discuss social media and communications with friends or family, and address practical issues involving employment, schooling, and travel while charges are pending. This ongoing communication can help you understand the strategy, upcoming deadlines, and decisions that require your input.
Contact Our Cobb County Sex Crime Defense Attorneys
If you’re looking for a sex crime defense attorney in Cobb County, contacting us early gives us time to address investigator communications, prepare for interviews or hearings, and preserve documents, messages, and other evidence. We can also review bond or no-contact conditions and explain the next court event.
We invite you to reach out online whether you’re under investigation, have been arrested in Marietta or elsewhere in the county, or already have a court date. Our team can review the facts, explain the potential legal consequences, and identify the immediate steps required to protect your rights.
Facing a sex crime investigation or charge? Call (770) 599-5328 or reach out online to request a confidential consultation with our team.
