Burglary Attorney in Cobb County
Facing a Cobb County Burglary Charge? Start with Trusted Defense
If you or a loved one is facing a burglary charge in Cobb County, the situation can feel overwhelming. The potential consequences are serious, from the risk of time in jail to the long-term impact of a permanent criminal record. It is crucial to have support from a legal team that understands Georgia law and has hands-on experience with the Cobb County Superior Court and local prosecutors.
At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we are committed to helping people protect their rights at every stage of a burglary case. Our team brings over 100 years of combined litigation experience, including former District Attorneys who now work on your side.
Recognized with distinctions such as 10.0 Avvo ratings, Super Lawyers listings, and Best Law Firms honors, we have built a reputation for achieving fair and favorable outcomes. When your future is at stake, you deserve guidance from a team known for clear communication and steadfast advocacy.
Protect your freedom and future by securing a leading burglary attorney in Cobb County. Smith, Schnatmeier, Dettmering & Kilgo, LLP offers 100+ years of combined experience fighting serious felony charges. Contact our firm immediately at (770) 599-5328 or fill out our online form now.
Understanding Burglary Laws in Georgia
Georgia law defines burglary not by what was stolen, but by the unauthorized entry and the intent upon entry. Under the Official Code of Georgia Annotated (O.C.G.A.), there are several forms of burglary, all of which are felonies:
Burglary in the First Degree
This is the most severe form. A person commits First-Degree Burglary when, without authority and with the intent to commit a felony or theft therein, they enter or remain within a dwelling house of another or any building, vehicle, railroad car, watercraft, or aircraft used as a dwelling.
- Key Distinction: The property must be used as a dwelling (a home, apartment, etc.), whether occupied, unoccupied, or vacant at the time of the entry.
Burglary in the Second Degree
A person commits Second-Degree Burglary when, without authority and with the intent to commit a felony or theft therein, they enter or remain within any occupied, unoccupied, or vacant building, structure, railroad car, watercraft, or aircraft that is not a dwelling.
- Key Distinction: This typically applies to commercial properties, warehouses, storage units, or sheds.
Smash and Grab Burglary
This is a specific felony offense focused on retail theft. It occurs when a person, without authority and with the intent to commit a theft, enters a retail establishment and causes damage in excess of $500 to the establishment without the owner's consent. This is prosecuted aggressively in Cobb County.
The differences between these statutes are nuanced but dramatically affect the potential sentence. Our firm is relentless in challenging the classification of the charge to achieve the best outcome for our clients.
Penalties and Collateral Consequences of a Burglary Conviction in Cobb County
A conviction for Burglary in Georgia results in severe, long-term felony penalties. The potential for repeat offender status means the stakes escalate dramatically with each subsequent charge.
Direct Penalties
- First-Degree Burglary: Punishable by imprisonment for 1 to 20 years in state prison.
- Second-Degree Burglary: Punishable by imprisonment for 1 to 5 years in state prison.
- Smash and Grab Burglary: Punishable by imprisonment for 2 to 20 years and a fine of up to $100,000.
Enhanced Penalties for Repeat Offenders
Georgia law is particularly harsh on repeat burglary offenders:
- Second Conviction (First-Degree): Imprisonment for 2 to 20 years.
- Third and Subsequent Conviction (First-Degree): Mandatory imprisonment for 5 to 25 years.
Collateral Consequences
Beyond prison, a felony Burglary conviction carries permanent life consequences:
- Permanent Felony Record: This conviction cannot be expunged in Georgia, creating a lifetime barrier to certain employment, professional licensing, and educational opportunities.
- Loss of Rights: Loss of the right to own or possess firearms.
- Housing and Immigration: Difficulty securing rental housing and severe negative consequences for non-citizens, including mandatory deportation.
- Parole and Probation: Any prison sentence will be followed by a long period of supervised parole or probation, often with strict conditions.
This devastating outcome makes securing an aggressive Cobb County burglary defense lawyer essential to defending your future.
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
Our Comprehensive Approach to Burglary Defense
The defense methodology at Smith, Schnatmeier, Dettmering & Kilgo, LLP, is built on 100+ years of combined experience successfully defending complex felony cases. We challenge the State's narrative by focusing on the elements of intent and authority.
- Challenging Intent (The "Why"): We gather evidence—witness testimony, text messages, or prior actions—to establish that the entry was made for a non-criminal, legitimate, or mistaken purpose. We argue that the State cannot prove the required specific criminal intent beyond a reasonable doubt.
- Consent and Authority (The "How"): We rigorously investigate whether the client had any express or implied authority to be on the property. This defense shifts the focus from the client's action to the victim's lack of security or ambiguous invitation.
- Alibi and Misidentification: In cases relying on eyewitness testimony, we present a verifiable alibi to prove the client was elsewhere. We also challenge the reliability of identification procedures used by Cobb County law enforcement, particularly when they are suggestive or flawed.
- Forensic Evidence Review: Our firm consults with independent forensic experts to re-examine DNA, fingerprints, and tool-mark evidence, challenging the chain of custody and the State's conclusions regarding the evidence found at the scene.
When you hire our firm, you hire a dedicated Cobb County burglary defense lawyer team that leaves no stone unturned in the pursuit of justice.
Why Trust Our Attorneys With Your Burglary Defense
Choosing the right burglary lawyer in Cobb County can be the difference between resolution and long-term hardship. Our attorneys bring a unique perspective as former District Attorneys, giving us valuable insight into how charges are brought and prosecuted in this jurisdiction. We have direct experience handling a wide variety of criminal cases right here, equipping us to anticipate prosecution strategies and advocate for your best interests.
Over the years, our team has represented hundreds of clients facing criminal charges in Cobb County courts. Our record includes recognition by independent organizations such as Martindale-Hubbell (AV Preeminent), Super Lawyers, and Avvo. These honors reflect our commitment to professionalism, attention to detail, and results-driven advocacy. We take pride in maintaining honest, open communication, ensuring our clients feel informed and supported throughout the process.
When you work with Smith, Schnatmeier, Dettmering & Kilgo, LLP, you get local experience, insider knowledge, and a personalized approach dedicated to you.
What to Do If You’re Charged with Burglary Locally
If you are arrested or under investigation for burglary in Cobb County, your actions now can significantly impact your case. It is vital to avoid discussing your situation with anyone except a criminal defense attorney familiar with local courts and procedures.
If you have been charged with burglary, take these important steps:
- Do not answer police questions about the alleged offense—request a lawyer immediately.
- Contact us as soon as you can to begin protecting your rights.
- Gather and preserve any documents, communications, or evidence related to the incident.
- Do not attempt to contact alleged victims or witnesses.
- Refrain from sharing details about your case on social media or with friends and family.
From your first call, our team works to protect your interests. We will help you prepare for any hearings, build a defense strategy, and keep you informed about developments every step of the way.
Take the First Step: Speak With Our Cobb County Burglary Lawyers Today
If you are facing burglary charges, it is important to act quickly to protect your future. Our attorneys offer confidential consultations and all the advantages of true local experience. We listen to your concerns, provide clear legal advice, and start preparing your defense strategy immediately.
Over 100 years of combined legal experience, recognition from leading legal organizations, and deep familiarity with Cobb County courts give us the tools to support you through this difficult time.
Contact Smith, Schnatmeier, Dettmering & Kilgo, LLP today at (770) 599-5328 to schedule your confidential consultation.
