Cobb County Burglary & Theft Defense Attorney

If you have been accused of burglary or theft in Cobb County, the consequences of a conviction can be life-altering. A criminal record, imprisonment, hefty fines, and a loss of employment opportunities are just a few of the severe penalties that can follow these charges. If you are facing burglary or theft charges, you need a committed and experienced criminal defense attorney on your side who understands the complexities of Georgia’s criminal justice system and is ready to fight for your rights.

At The Mazloom Law Firm, LLC, we are dedicated to helping individuals facing burglary and theft charges in Cobb County and surrounding areas. Our firm is led by Mazi Mazloom, a passionate attorney with years of experience defending clients against serious criminal charges in Georgia. With a deep understanding of Georgia law, a commitment to aggressive defense, and personalized client service, we will work tirelessly to protect your freedom and achieve the best possible outcome for your case.

Why You Need a Cobb County Burglary & Theft Defense Attorney

Facing a charge of burglary or theft is no small matter. In Cobb County, these offenses carry severe penalties, and the criminal justice process can be complex and intimidating. Regardless of whether you are accused of breaking and entering, shoplifting, or another theft-related crime, the right legal representation can make a significant difference in the outcome of your case.

Our approach focuses on providing a vigorous defense strategy designed to protect your rights and prevent unnecessary convictions. The Mazloom Law Firm, LLC offers aggressive representation and thorough legal analysis to uncover weaknesses in the prosecution’s case. If you’re facing charges in Cobb County, Georgia, don’t leave your future to chance—contact us for a free initial consultation today at 770-590-9837.

Burglary & Theft Charges in Cobb County

In Georgia, burglary and theft are criminal offenses that can result in significant penalties, depending on the severity of the offense, prior criminal history, and the amount of property involved. To better understand your case, it’s important to know the differences between these two categories of crimes and what each charge entails.

Burglary (O.C.G.A. § 16-7-1)

Burglary involves unlawfully entering a building or structure with the intent to commit a crime inside. Under Georgia law, burglary can be classified into two different degrees:

First-Degree Burglary: This applies when a person unlawfully enters a dwelling (home or apartment) or any structure used for residential purposes with the intent to commit a crime. First-degree burglary is a felony offense, and if convicted, the penalties can include up to 20 years in prison.
Second-Degree Burglary: If a person unlawfully enters any building, structure, or vehicle with the intent to commit a crime (but not a dwelling), the charge is classified as second-degree burglary. This is also a felony offense with penalties ranging from 3 to 7 years in prison.

The intent to commit a crime is an essential component of burglary charges. Even if no actual crime is committed after the unlawful entry, the charge can still apply.

Theft (O.C.G.A. § 16-8-2)

Theft is generally defined as unlawfully taking another person’s property without their consent and with the intent to permanently deprive the owner of its possession. Depending on the value of the property taken and the specific circumstances, theft charges can range from a misdemeanor to a felony.

Some common types of theft offenses include:

Theft by Taking: This occurs when someone unlawfully takes property without the owner’s consent. The severity of the charge depends on the value of the stolen property:
- Property valued at $1,500 or less is considered a misdemeanor.
- Property valued at over $1,500 can result in felony charges.
Shoplifting: Shoplifting charges apply when a person is accused of stealing merchandise from a store. The severity of the charges depends on the value of the items taken and whether the person has prior convictions.
Robbery (O.C.G.A. § 16-8-40): Robbery charges involve the use of force, intimidation, or threats to take property from another person. Unlike theft, robbery is a violent crime and carries severe penalties, including lengthy prison sentences.
Theft by Deception: This involves tricking someone into giving up property through fraudulent or misleading actions.

The Criminal Justice Process for Burglary & Theft Cases in Cobb County

The criminal justice process for burglary and theft cases in Cobb County involves several stages, and understanding each step is critical to navigating the complexities of the legal system. The process typically follows these general steps:

1. Investigation

The investigation process begins when law enforcement believes a crime has occurred. Cobb County Police, as well as other agencies, will gather evidence, conduct interviews with witnesses, and investigate the scene of the alleged crime. Depending on the case, law enforcement may seek search warrants to collect additional evidence.

2. Arrest

Once the police have probable cause to believe that a person has committed a burglary or theft, they may arrest the individual. After the arrest, the defendant is taken into custody, booked, and informed of the charges against them.

3. Initial Appearance & Bond Hearing

Within 48 hours of the arrest, the defendant will be brought before a judge for an initial appearance. At this stage, the judge will inform the defendant of the charges and set bail or bond. In some cases, a defendant may be released on bond, while in others, they may be held in jail until their next court appearance.

4. Preliminary Hearing / Grand Jury

For felony charges such as burglary or theft involving significant property value, the case may go to a grand jury or a preliminary hearing. The grand jury will review evidence presented by the prosecution and determine if there is enough evidence to proceed with an indictment.

5. Arraignment

At the arraignment, the defendant will be formally charged with burglary or theft and will enter a plea (guilty, not guilty, or no contest). This is the defendant’s first opportunity to respond to the charges.

6. Pretrial Motions & Discovery

Before trial, both the defense and prosecution will exchange evidence in a process known as discovery. Pretrial motions may be filed, including requests to dismiss charges or suppress certain evidence.

7. Trial

If the case is not resolved through a plea agreement, it will proceed to trial. At trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense will present evidence and cross-examine witnesses to challenge the prosecution’s case.

8. Verdict & Sentencing

After deliberation, the judge or jury will return a verdict of guilty or not guilty. If convicted, sentencing will follow, and the defendant may face penalties such as imprisonment, probation, restitution, or fines.

9. Appeals

If convicted, the defendant has the right to appeal the verdict or sentence. An appeal is a request for a higher court to review the trial court’s decision for errors of law.

Possible Defenses to Burglary & Theft Charges in Cobb County

A skilled defense attorney will evaluate your case thoroughly to determine the best possible defenses to present. Some of the most common defenses to burglary and theft charges include:

1. Lack of Intent

For burglary charges, the prosecution must prove that you entered the property with criminal intent. If you had a legitimate reason to be on the property or did not intend to commit a crime, this could be a strong defense.

2. False Accusations

Mistakes and misunderstandings can lead to false accusations of theft or burglary. If the accusations against you are not backed by evidence, it may be possible to show that you were falsely accused.

3. Insufficient Evidence

If the prosecution does not have enough evidence to prove its case beyond a reasonable doubt, the charges may be dismissed or reduced. In some cases, evidence may be inadmissible, or there may be issues with the investigation.

4. Alibi

If you can provide evidence that you were not at the scene of the crime, an alibi defense could be critical to your case.

Why Choose The Mazloom Law Firm, LLC for Your Burglary & Theft Defense?

When facing criminal charges, selecting the right attorney is crucial. At The Mazloom Law Firm, LLC, we offer:

A Proven Track Record: Our firm has successfully represented clients facing burglary and theft charges throughout Cobb County and Georgia.
Tailored Legal Strategies: Every case is unique. We work closely with clients to develop personalized defense strategies based on the specifics of their case.
Commitment to Clients: We believe in aggressive defense and provide open, honest communication with every client to ensure they understand every step of the process.

If you are facing burglary or theft charges in Cobb County, contact us today at 770-590-9837 to schedule a free consultation with our experienced criminal defense attorney, Mazi Mazloom.