Burglary & Theft Defense Attorney in Smyrna
If you’re facing burglary or theft charges in Smyrna, Georgia, it’s essential to seek out a dedicated criminal defense attorney who understands Georgia’s legal system. The Mazloom Law Firm LLC, based in nearby Marietta, specializes in providing experienced legal representation to individuals accused of serious criminal offenses, including theft and burglary. Our mission is to safeguard your rights, preserve your freedom, and work tirelessly to secure the best possible outcome for your case.
Facing accusations related to burglary or theft is a stressful and overwhelming experience, but with the right legal representation, you can navigate through these difficult charges. Whether you’re facing charges of shoplifting, burglary, theft by taking, or robbery, we have the knowledge, experience, and determination to advocate for your case. Call 770-590-9837 today to schedule a consultation with Mazi Mazloom, founder of The Mazloom Law Firm LLC.
Experienced Criminal Defense Lawyers Serving Smyrna
At The Mazloom Law Firm LLC, we know that facing a theft or burglary charge can affect every aspect of your life, from your freedom to your future. That’s why we offer personalized, dedicated criminal defense to individuals in Smyrna and throughout the Atlanta metropolitan area. We have extensive experience defending clients against burglary and theft charges in Cobb County, and we are deeply familiar with the intricacies of the local legal system.
As your defense attorneys, we take a proactive approach to every case. We believe in aggressively protecting your rights and challenging any evidence that might be used against you. From the moment we take on your case, we aim to uncover weaknesses in the prosecution’s arguments and build a defense strategy that maximizes your chances of success.
Burglary & Theft Charges in Smyrna
Under Georgia law, burglary and theft are both serious offenses that come with severe penalties, especially if convicted. The charges can be classified into different categories depending on the circumstances of the crime and the value of stolen property. If you are accused of burglary or theft in Smyrna, it’s important to understand how the law defines these crimes.
Burglary Charges (OCGA § 16-7-1)
Burglary is defined as the unlawful entry into a building or structure with the intent to commit a crime. This means you could be charged with burglary even if you never actually steal anything or cause harm inside the building.
There are two main types of burglary charges:
- First-Degree Burglary: This is the most serious form of burglary and involves unlawfully entering a dwelling with the intent to commit a crime. If you are convicted of first-degree burglary in Georgia, the penalties could include up to 20 years in prison.
- Second-Degree Burglary: This occurs when a person unlawfully enters a non-residential structure (such as a business or vehicle) with the intent to commit a crime. Second-degree burglary is still a felony in Georgia, and a conviction can result in prison time ranging from 3 to 7 years.
Burglary charges can arise from situations as simple as entering an unoccupied house or business without permission, so it’s important to have strong legal defense from the start.
Theft Charges (OCGA § 16-8-2)
Theft by taking refers to the unlawful taking of someone else’s property with the intent to permanently deprive them of it. Theft charges can vary based on the type of property taken and its value.
- Theft by Taking: If you take property with the intent to steal it, the charge can vary in severity depending on the value of the stolen goods. If the value exceeds $1,500, the crime is a felony, with significant penalties that may include prison time and fines.
- Shoplifting: If you’re accused of stealing merchandise from a retail store, you could face shoplifting charges. Depending on the value of the stolen goods, this can result in either a misdemeanor or felony charge. Even a simple shoplifting charge can have long-lasting consequences on your criminal record and future opportunities.
- Robbery: Robbery involves using force or the threat of force to take property from another person. It’s a more severe charge than simple theft and can result in very harsh penalties, including a lengthy prison sentence.
Understanding the different theft-related charges is key to crafting a defense strategy. Our team will review the evidence, evaluate witness testimony, and identify potential weaknesses in the prosecution’s case.
What to Expect When Facing Burglary & Theft Charges in Smyrna
If you are charged with burglary or theft in Smyrna, the criminal justice process will likely follow these general steps:
1. Investigation
A criminal case typically begins with an investigation by local law enforcement. In Smyrna, this may involve Smyrna Police Department detectives gathering evidence such as witness statements, surveillance footage, and physical evidence from the crime scene. It’s critical to have legal representation during this stage to ensure your rights are protected and that the investigation is conducted fairly.
2. Arrest
If law enforcement believes there is enough evidence to charge you with a crime, you may be arrested. After your arrest, you will be booked into jail and your bail will be set. If you are arrested in Smyrna, your case will likely be handled by the Cobb County Jail and proceed through the Cobb County Court System.
3. Bail & First Appearance Hearing
If you are arrested, you will have a first appearance hearing within 48 hours of your arrest. At this hearing, the judge will inform you of the charges against you, set bail, and schedule future hearings. It’s important to have legal counsel at this hearing to ensure you understand the charges and the potential consequences.
4. Arraignment & Pre-Trial Motions
During the arraignment, you will formally enter a plea (guilty, not guilty, or no contest). Afterward, both the defense and prosecution will exchange evidence through the discovery process. Pre-trial motions may be filed, including motions to suppress evidence or dismiss the charges if there’s insufficient evidence.
5. Trial
If a plea deal cannot be reached, your case may go to trial. At trial, both the defense and prosecution will present their arguments, call witnesses, and submit evidence. It is the prosecution’s responsibility to prove your guilt beyond a reasonable doubt. A skilled defense attorney will challenge the evidence, cross-examine witnesses, and argue on your behalf.
6. Verdict & Sentencing
After the trial, the judge or jury will render a verdict. If you are found guilty, the judge will impose a sentence. Sentences for burglary or theft convictions can vary widely depending on the charge and circumstances, including prison time, fines, restitution, and probation.
7. Appeals
If convicted, you may have the right to appeal your case. An appeal could challenge the verdict or sentence if there was an error made during the trial process.
Defenses to Burglary & Theft Charges
In defending against burglary and theft charges, there are several defenses that can be used to challenge the prosecution’s case:
1. Lack of Intent
For burglary, one of the key elements is the intent to commit a crime. If the prosecution cannot prove that you had the intent to commit a crime, you cannot be convicted of burglary.
2. Mistaken Identity
In some cases, individuals are wrongfully accused of committing a crime due to mistaken identity or misidentification by witnesses. If you were not involved in the crime, we will work to establish that.
3. False Accusations
In some cases, theft and burglary charges are the result of false accusations. If there is a lack of physical evidence, or if the prosecution’s witness testimony is unreliable, we may argue that the charges against you are fabricated.
4. Insufficient Evidence
The prosecution is required to prove guilt beyond a reasonable doubt. If there is insufficient evidence to prove your guilt, we will challenge the case in court and seek a dismissal of charges.
5. Alibi Defense
If you can prove you were somewhere else at the time the crime occurred, an alibi defense can provide a solid argument for your innocence.
Why Choose The Mazloom Law Firm LLC?
If you’re facing burglary or theft charges in Smyrna, Georgia, you need a legal team that will fight for your rights. At The Mazloom Law Firm LLC, we offer:
- Personalized Legal Strategies: We understand that each case is unique. We will develop a defense strategy tailored to your situation.
- Aggressive Representation: We are not afraid to challenge the prosecution’s case and will work relentlessly to secure the best possible outcome.
- Experience in Smyrna & Cobb County Courts: Our familiarity with the local courts and legal procedures allows us to represent clients effectively in Smyrna and throughout Cobb County.
Call 770-590-9837 today to schedule your consultation with Mazi Mazloom and start building your defense.
Contact The Mazloom Law Firm LLC Today
If you or someone you know is facing burglary or theft charges in Smyrna, Georgia, contact The Mazloom Law Firm LLC today for a consultation. We will help you understand the charges you are facing and build a defense to protect your rights and freedom. To schedule a free initial consultation, call 770-590-9837 or contact us online to get in touch.