Fraud Attorney in Cobb County

Facing Fraud Charges in Cobb County? Guidance & Answers from a Local Team

Fraud allegations can disrupt your work, relationships, and future plans—especially when you face unfamiliar legal terms and local procedures unique to Cobb County. Our fraud attorneys in Cobb County guide you through every stage, whether the accusations involve workplace matters, business transactions, or personal misunderstandings.

Fraud covers a range of criminal charges in Georgia, most involving alleged deception for personal or financial gain. Common fraud offenses prosecuted locally include credit card fraud, insurance fraud, identity theft, forgery, and certain white-collar crimes. Georgia law carries steep penalties for convictions, with factors like the amount in dispute and prior criminal history heavily affecting possible consequences.

At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we understand how stressful and complex these accusations can be. Our team supports you from day one, giving you the information needed to make confident decisions about your defense. We believe clear answers and dependable communication help you feel more in control throughout the process.

If you are facing a fraud felony, call a sophisticated fraud attorney in Cobb County immediately. With 100+ years of combined experience, we are prepared to challenge the State's case. Call Smith, Schnatmeier, Dettmering & Kilgo, LLP. at (770) 599-5328 or reach out online now.

Understanding Fraud Laws in Georgia: Theft by Deception

Criminal fraud in Georgia is commonly prosecuted under the Theft by Deception statute (O.C.G.A. § 16-8-3). This law makes it a crime to use deceitful means or "artful practice" to obtain property, distinguishing it from simple theft.

The Legal Definition of Deception

A person commits the offense of theft by deception when they obtain property by any deceitful means or artful practice with the intention of depriving the owner of the property. Deception includes intentionally:

• Creating a False Impression: Making a false statement about an existing fact or past event that the accused knows or believes to be false.
• Failing to Correct: Not correcting a false impression previously created (e.g., failing to disclose a lien on property being sold).
• Promise of Non-Performance: Promising performance of services or goods that the defendant does not intend to perform or knows will not be performed.

Felony Classifications Based on Value

The financial value of the alleged fraud dictates the felony classification and potential sentence:

• Felony (1 to 5 years): When the property value is between $1,500.01 and $5,000.00. (The judge has discretion to treat this as a misdemeanor).
• Felony (1 to 10 years): When the property value is between $5,000.00 and $25,000.00. (The judge still retains discretion to treat this as a misdemeanor or a felony).
• Serious Felony (2 to 20 years): When the property value is $25,000.00 or more. This is a straight felony conviction.

Penalties and Collateral Consequences of a Theft by Deception Conviction

A felony fraud conviction in Georgia results in profound professional and financial consequences that extend far beyond the prison term.

• Restitution and Fines: The court will mandate full restitution to the victim, often amounting to hundreds of thousands of dollars, along with substantial statutory fines.
• Professional License Revocation: A conviction for a crime involving moral turpitude, such as fraud, leads to the immediate revocation or denial of professional licenses (e.g., CPA, financial advising, law).
• Loss of Civil Rights: A felony conviction results in the permanent loss of the right to possess a firearm and the right to vote.
• Reputational Damage: The public nature of the charge can destroy professional careers and make future employment nearly impossible in any position requiring financial trust.
• Civil Liability: A criminal conviction opens the door to a parallel civil lawsuit from the victim seeking further financial damages.

The Georgia Criminal Defense Process for Fraud Felonies

Defending a fraud felony in Cobb County requires a methodical, evidence-intensive approach. We use our 100+ years of combined experience to manage the complexity of this process in the Cobb County Superior Court.

• Forensic Investigation: We immediately engage forensic accountants and digital experts to review the financial records, emails, and contracts that form the bulk of the prosecution's evidence. Our firm presents an alternative, non-criminal explanation for the financial transactions.
• Pre-Indictment Intervention: We attempt to intervene before a formal indictment from the Grand Jury is issued. We present evidence to the prosecutor, arguing that the case involves a breach of contract or civil dispute, not criminal intent.
• Challenging the State's Evidence: We file motions to suppress any illegally obtained evidence (e.g., bank records seized without a valid warrant) and challenge the chain of custody and analysis of digital evidence.
• Negotiation for Misdemeanor Reduction: We leverage the complexity of the case and the cost of trial to the State, negotiating for a plea to a lesser offense, such as a misdemeanor or a charge that allows for non-custodial sentencing (probation, community service).
• Trial Strategy: If the case proceeds to trial, we simplify the complex financial narrative for the jury, focusing on the prosecution’s inability to prove criminal intent beyond a reasonable doubt, which is the key distinction between a mistake and a crime.

Why Choose Our Fraud Lawyer Team in Cobb County

Choosing a fraud lawyer in Cobb County means trusting someone to protect your rights in high-stakes situations. At Smith, Schnatmeier, Dettmering & Kilgo, LLP, we stand out for several reasons:

• Former District Attorneys: Our attorneys bring a unique advantage with firsthand knowledge of prosecution strategies, helping us anticipate and address how the state may approach your case.
• Extensive Litigation Experience: With over 100 years of combined courtroom experience, we have represented local clients facing a wide range of criminal allegations.
• Recognized Legal Acumen: Our team holds high professional ratings, including AV Preeminent® and Super Lawyers distinctions, reflecting our commitment to honesty and ability in criminal defense.
• Personalized Legal Support: We believe frequent, transparent communication gives our clients peace of mind during every phase of their case. When you have questions or concerns, you will always get straight answers.
• Ethical Representation: Our focus never wavers from your best interests. We maintain high ethical standards while working toward fair solutions tailored to your situation.

Ready to challenge the State's claim of criminal intent? Choose Smith, Schnatmeier, Dettmering & Kilgo, LLP.. Call (770) 599-5328 or reach out online to schedule your confidential consultation today.