Child Molestation

Child Molestation Attorney in Cobb County

Former Prosecutors Defending Child Molestation Charges in Cobb County

A child molestation charge in Georgia moves fast. Bond is frequently denied at first appearance, a dedicated unit inside the Cobb County DA’s office is already building the state’s case, and a conviction can mean mandatory prison time and lifetime sex offender registration. The decisions made in the first hours and days after an arrest can shape everything that follows. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, our attorneys defend individuals facing these charges throughout Cobb County and Marietta, and our team includes former District Attorneys who understand how the prosecution approaches these cases from the inside.

That prosecutorial background is a direct advantage. Our former DAs know how the Cobb County DA’s Crimes Against Women and Children Unit evaluates evidence, pursues indictments, and prepares for trial. Combined with over 100 years of collective litigation experience in criminal defense, we bring both courtroom depth and prosecutorial insight to every child molestation case we take on.

If you or someone you know is under investigation or has been arrested for child molestation in Cobb County, don’t speak with law enforcement before contacting our office. Call us at (770) 599-5328 for a confidential consultation.

Why Former Prosecutor Experience Matters in These Cases

The Crimes Against Women and Children Unit builds its cases around forensic interviews, child hearsay evidence, and expert witnesses. An attorney who has worked inside a DA’s office understands which evidence the prosecution may lean on, how they anticipate defense challenges, and where their cases may be vulnerable. That inside knowledge shapes how we build a defense strategy from the moment we take a case.

Attorney Schnatmeier holds a 10.0 Superb Avvo rating, a Super Lawyers listing, and an AV Preeminent® rating from Martindale-Hubbell. Smith, Schnatmeier, Dettmering & Kilgo, LLP has also been listed in Best Law Firms by U.S. News and World Report. These recognitions reflect a consistent standard of legal work across high-stakes criminal matters, including sex crimes defense. We keep clients informed at every stage. A child molestation case can take months to move through Cobb County Superior Court, and clients deserve clear, consistent communication throughout.

Contact Smith, Schnatmeier, Dettmering & Kilgo, LLP for a Confidential Consultation

Engaging defense counsel early gives our team the best opportunity to investigate the allegations, review the evidence, and potentially intervene before a grand jury indictment. The sooner we can begin, the more options may remain open.

Smith, Schnatmeier, Dettmering & Kilgo, LLP is based in Marietta and represents clients facing child molestation charges throughout Cobb County. Call (770) 599-5328 or contact us online to speak with our team today.

Georgia Child Molestation Law: O.C.G.A. § 16-6-4

Under O.C.G.A. § 16-6-4, child molestation is defined as any immoral or indecent act done to or in the presence of a child under 16 years of age, with the intent to arouse or satisfy the sexual desires of either the child or the accused. No physical injury and no penetration are required. Touching over clothing can satisfy the statute if the prosecution establishes the requisite intent. The charge can also arise from online conduct: transmitting images of a person engaging in any immoral or indecent act to a child under 16 via an electronic device, with the same sexual intent, falls under the statute even without physical contact.

Because child molestation is a specific-intent crime, the jury must determine whether the accused actually had the intent to arouse or satisfy sexual desires at the time of the act. That element of intent is one area where the defense can mount a meaningful challenge.

Aggravated Child Molestation

Aggravated child molestation is a separate and more serious charge under the same statute. It occurs when the act of child molestation physically injures the child or involves an act of sodomy. The penalties are substantially harsher than those for the standard charge.

Penalties for a Child Molestation Conviction in Georgia

The consequences of a child molestation conviction extend far beyond the prison sentence itself.

First conviction: Mandatory imprisonment of not less than 5 years and not more than 20 years.
Second or subsequent conviction: Imprisonment of not less than 10 years and not more than 30 years, or life imprisonment.
Aggravated child molestation: Life imprisonment or a split sentence of at least 25 years followed by probation for life.

Georgia law doesn’t permit first offender treatment for child molestation convictions. A guilty plea results in a permanent conviction that can’t be restricted or expunged. A conviction can require registration on the state sex offender registry, a public record that imposes ongoing restrictions on where the person may live and work and that may not be removed.

Beyond incarceration and registration, a conviction can create barriers to employment and professional licensing, affect housing options, strip civil rights, and permanently alter custody and family relationships.

Statute of Limitations

For felony child molestation charges where the alleged victim was under 16 and the offense occurred on or after July 1, 2012, Georgia law generally provides no statute of limitations, provided the offense isn’t being prosecuted as a misdemeanor. For offenses that fall outside that framework, a separate limitations period may apply. Whether the timing of an alleged offense affects your case is something our attorneys can evaluate based on the specific facts.

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Defending Against Child Molestation Charges in Cobb County

An accusation is not a conviction. Child molestation cases are among the most complex in criminal defense, often built on child witness testimony, forensic interviews, and contested physical evidence. The defense strategy must be developed early and tailored precisely to the facts, charges, and evidence in each case. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we approach each case individually, drawing on independent investigators and expert witnesses who can conduct a thorough review of the allegations against our clients.

Defense Strategies in Georgia Child Molestation Cases

No two cases are identical, but several defense approaches arise frequently in child molestation prosecutions in Cobb County.

Challenging Forensic Interviews

Georgia’s child hearsay statute allows the prosecution to introduce out-of-court statements made by a child under 16. The reliability of those statements depends heavily on how the forensic interview was conducted. Interviews using leading or suggestive questioning can produce false or distorted accounts. We scrutinize the interview process and, where warranted, retain experts in forensic interview techniques to challenge the methods used to gather the child’s statements.

Investigating False Allegations & Accuser Motives

False allegations of child molestation do occur. Contested custody disputes and divorce proceedings are environments where a child’s statements can be influenced by a parent or other adult. If the allegations arose in that context, we investigate the circumstances thoroughly. Prior false allegations made by the alleged victim against other individuals may also be admissible and are worth examining in each case.

Challenging Intent

Because child molestation is a specific-intent crime, the prosecution must prove the accused acted with the intent to arouse or satisfy sexual desires. Depending on the facts, the defense can argue that the conduct lacked that requisite sexual intent.

Pretrial Motions

Pretrial motions are a critical part of defending these cases. Common motions include suppression of statements obtained in violation of Miranda rights, special demurrers challenging an indictment that fails to allege a sufficiently specific date range, and motions to exclude the prosecution’s expert witnesses.

In Cobb County, a child molestation arrest will typically result in a first appearance before the Cobb County Magistrate Court, where bond is often denied and a formal bond hearing motion must be filed. For aggravated child molestation charges, bond must be pursued through a motion to the Cobb County Superior Court, a process that can take several weeks.

Pretrial Deposition of Examining Physicians

Where physical injury to a child is alleged, Georgia law permits the defense to conduct a pretrial deposition of the examining physician. This deposition can reveal alternative explanations for the child’s condition and is a tool our attorneys use when the facts support it.

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