Rape Attorney in Cobb County
Facing A Rape Allegation In Cobb County—Call a Results-Oriented Firm
Rape charges in Georgia are among the most serious accusations a person can face. A conviction can mean years in prison, mandatory sex offender registration, and a permanent felony record that affects every part of your life. If you are under investigation or have been arrested in Cobb County, you cannot afford to face this alone.
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we represent individuals who have been accused of rape and other sex offenses in this area. We understand that you may feel shocked, scared, and unsure who to trust. Our role is to step in quickly, protect your rights, and give you clear information about what comes next.
Our attorneys bring decades of criminal litigation experience to these cases, and we work to provide steady guidance from the first phone call through every hearing. To discuss your situation confidentially with a rape lawyer in Cobb County, contact us online or call at (770) 599-5328.
Understanding Rape Laws in Georgia
Under O.C.G.A. § 16-6-1, rape is defined as having "carnal knowledge" of a person forcibly and against their will. In Georgia, "carnal knowledge" is legally defined as any penetration of the female sex organ by the male sex organ, no matter how slight. It is critical to understand the specific legal nuances that define this crime in Cobb County:
- The Element of Force: Georgia law does not require physical injury to prove force. Force can be established through physical violence, but also through threats of bodily harm, intimidation, or mental coercion.
- Lack of Consent: "Against her will" means the absence of clear, voluntary consent. Georgia law specifically states that a person who is unconscious, asleep, or physically/mentally unable to communicate a refusal cannot give legal consent.
- Marital Rape: It is a common misconception that marriage is a defense. Under current Georgia statutes, a spouse can be charged with and convicted of rape against their partner.
- Differentiation from Related Crimes: Rape specifically involves penile-vaginal penetration. If the alleged act involves other forms of sexual contact by force, the state may instead charge Aggravated Sodomy or Aggravated Sexual Battery, both of which carry similarly severe penalties.
As your Cobb County rape defense lawyer, we meticulously examine the charges to see if the state's evidence actually matches the strict statutory definitions. If the elements of force or lack of consent are not clearly supported by the facts, we fight for the charges to be reduced or dismissed.
Penalties and Collateral Consequences of a Rape Conviction in Cobb County
The penalties for rape in Georgia are intentionally designed to be among the most punitive in the United States. Georgia classifies rape as a "serious violent felony," which triggers mandatory sentencing requirements.
Direct Criminal Penalties
- Mandatory Minimum Prison Time: A conviction for rape carries a mandatory minimum of 25 years in prison, which must be served in its entirety without the possibility of parole.
- Maximum Sentence: The court has the authority to sentence a defendant to life in prison without the possibility of parole or, in the most egregious cases involving aggravating factors, the death penalty.
- Life Probation: Following the completion of a prison sentence, the individual is typically placed on probation for the remainder of their natural life.
Sex Offender Registration and Collateral Damage
A conviction for rape in Cobb County results in mandatory lifetime registration as a sex offender. This includes:
- Residency Restrictions: You will be barred from living within 1,000 feet of schools, childcare facilities, parks, or community centers.
- Employment Barriers: You will be prohibited from working in various industries and must notify any employer of your status.
- Social and Family Devastation: The public nature of the registry often leads to total social ostracization and the permanent loss of family relationships and parental rights.
Why Choose Our Firm For Rape Defense in Cobb County
When you are accused of rape, you need more than a general criminal defense firm. You need a team that understands how prosecutors think, how judges in Cobb County run their courtrooms, and what strategies can matter in a contested sex offense case. Our firm is based in Marietta, and we regularly represent clients in Cobb County Superior Court.
Our attorneys have over 100 years of combined litigation experience handling a wide range of criminal matters, including serious felonies. Some of our lawyers previously served as District Attorneys. This prosecutorial background gives us insight into how the State evaluates evidence, decides whether to indict, and prepares for trial in rape cases. We use that perspective to anticipate the prosecution’s approach and to identify weaknesses that can be challenged.
Smith, Schnatmeier, Dettmering & Kilgo, LLP has been recognized in Best Law Firms by U.S. News and World Report. Individual attorneys have received distinctions such as listings in Super Lawyers, 10.0 Superb Avvo ratings, and AV Preeminent ratings that reflect strong legal ability and ethics. These third-party recognitions support what matters most to our clients, that their defense is in capable and conscientious hands.
The Right Choice for Your Defense
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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
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Ben, I was very impressed with how you handled everything.
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Mr. Schnatmeier made the experience as painless as possible. He was very responsive and I was pleasantly surprised by how available he was.
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What To Do After A Rape Accusation
Being accused of rape is overwhelming, and the decisions you make in the first hours and days can have lasting consequences. Acting calmly, protecting your rights, and avoiding missteps are critical. A careful, strategic response—guided by experienced legal counsel—can help prevent avoidable damage and position you to defend yourself effectively.
- Do Not Rush to Explain Your Side: Resist the urge to immediately tell your story to police or others without legal advice, as statements can be misunderstood or used against you later.
- Invoke Your Right to Remain Silent: If law enforcement seeks to question you, clearly assert your right to remain silent and request an attorney before answering any questions.
- Avoid Contact with the Accuser: Do not call, text, message, or attempt to meet with the accuser or potential witnesses, as this can be viewed as intimidation or interference.
- Comply with Any Court Orders: If a judge issues a no-contact order or bond conditions, follow them strictly to avoid additional charges or bond revocation.
- Preserve Potential Evidence: Save text messages, emails, social media communications, photos, and any other materials that may be relevant, along with the names of possible witnesses.
- Do Not Discuss the Case Publicly: Avoid posting on social media or discussing the situation with friends, coworkers, or others who could later be called as witnesses.
- Seek Immediate Legal Guidance: An experienced defense attorney can explain your rights, communicate with law enforcement or the District Attorney’s office on your behalf, and help you make informed decisions about next steps.
How We Defend Rape Allegations Locally
Defending a rape allegation requires careful analysis of every piece of available information. When we are retained, we typically begin by reviewing police reports, witness statements, and any medical or forensic records that may exist. We also look closely at digital evidence, such as text messages, call records, and social media communications between the people involved.
Our former prosecutor experience helps us anticipate how the State may present its case and what theories they may rely on. We consider how a prosecutor is likely to view the evidence and how a jury in this county may react to certain facts. This perspective often helps us identify areas where the evidence is incomplete, inconsistent, or open to challenge.
Because we are based in Marietta and regularly appear in Cobb County Superior Court, we are familiar with local procedures for bond hearings, motion practice, and trial settings. This local knowledge helps us give clients realistic expectations about how their case may move through the system, what types of plea offers are common in particular circumstances, and when it may be appropriate to take a case to trial.
Throughout the case, communication remains a priority. We work to keep you informed about developments, court dates, and strategic decisions. Serious accusations can feel overwhelming, but having consistent information about what is happening and why can reduce some of the uncertainty. When you hire a rape defense attorney in Cobb County, you should expect direct answers to your questions and clear explanations of your options.
Talk To Our Cobb County Rape Defense Team
Rape charges are life-changing, and the decisions you make early in the process can have lasting consequences. Having a knowledgeable rape attorney in Cobb County is important to protecting your rights and preparing for what lies ahead.
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we combine extensive courtroom experience, former prosecutor insight, and respected legal credentials with a commitment to clear, consistent communication. We work to provide careful analysis of the allegations, straightforward advice, and steady support through each stage of the case.
Your consultation with our firm is confidential, and speaking with us does not obligate you to move forward. If you or a loved one is facing a rape allegation in Cobb County, we encourage you to reach out and learn how our attorneys can help. Call (770) 599-5328
Frequently Asked Questions
Should I Talk To Police Before I Hire A Lawyer?
It is usually safer to speak with a lawyer first. Anything you say to law enforcement can be used against you, even if you believe you are helping yourself. We can review the situation, advise you about your rights, and communicate with investigators when appropriate.
What Penalties Could I Face If I Am Convicted Of Rape?
Rape is a serious felony in Georgia and can carry years in prison and mandatory sex offender registration. The exact penalties depend on the specific charge, prior history, and case facts. We can explain potential consequences in your situation and discuss how different outcomes could affect your life.
How Quickly Can Your Attorneys Get Involved In My Case?
We strive to get involved as early as possible. In many situations, we can begin advising you shortly after you contact our office. Early representation allows us to help with decisions about speaking to police, bond issues, and preserving evidence that may be important to your defense.
Will My Family & Employer Find Out About These Charges?
Criminal charges are generally matters of public record, although not every case receives public attention. Whether family or an employer learns about the case can depend on bond conditions, court dates, and news coverage. We can discuss your concerns and provide guidance on how to handle these conversations.
How Will You Build A Defense If It Is My Word Against Theirs?
In many rape cases, there are no neutral eyewitnesses. We look closely at all available evidence, including prior communications, timelines, and any inconsistencies in statements. Our goal is to identify reasonable doubts and to present the facts in a way that helps decision makers see the full picture.
