Child Molestation Defense in Atlanta

Direct Representation from a Former Assistant District Attorney

Child molestation allegations demand a defense built around the precise charge, available evidence, and current stage of the criminal case. At Law Office of Matthew T. McNally, Matthew T. McNally personally handles every case rather than transferring responsibility to an associate.

As a former Assistant District Attorney, Matthew understands how prosecutors assess and present criminal cases. We bring nearly 20 years of criminal defense experience to these allegations and provide focused representation in and out of court.

Request a free consultation by calling (678) 918-4421. Once we understand the charge and procedural posture, we can begin identifying the decisions ahead.

Georgia’s Child Molestation Law

Under O.C.G.A. § 16-6-4(a), child molestation involves committing an immoral or indecent act to, in the presence of, or with a child younger than 16, with the intent to arouse or satisfy sexual desires. The statute also covers transmitting images by an electronic device to a child under 16 when the required sexual intent is alleged.

Penetration or sexual intercourse isn’t required for the state to bring this charge. Under O.C.G.A. § 16-6-4(a.1), touching multiple areas of a child’s body with the required intent can support separate child molestation counts. This potential count-by-count exposure makes the language of the accusation and the evidence tied to each alleged act especially important.

Georgia law provides a narrow misdemeanor exception when the alleged victim is at least 14 but younger than 16, the convicted person is 18 or younger, and the age difference is no more than four years. All of those conditions must be met. We assess the ages, alleged conduct, and charging documents rather than assuming an age difference automatically reduces the offense.

Child Molestation & Aggravated Child Molestation

A first child molestation offense carries five to 20 years of imprisonment. A second or subsequent conviction carries 10 to 30 years, although the state may pursue life imprisonment by providing advance written notice of its intent to seek that punishment.

Aggravated child molestation is a separate, more serious charge. Under O.C.G.A. § 16-6-4(c), it involves child molestation that physically injures the child or includes an act of sodomy. A conviction is punishable by life imprisonment or a split sentence consisting of at least 25 years and up to life in prison, followed by probation for life.

The Atlanta Criminal Process After an Arrest

The process generally begins with an arrest and an initial court appearance or bond hearing. Decisions at this stage can affect bond conditions, charging issues, evidence review, and later defense options. We guide clients through each stage while keeping the strategy tied to the specific facts and allegations.

Formal charges may proceed by indictment or accusation. The case can then involve preliminary hearings, evidentiary motions, plea negotiations, and trial when warranted. In Fulton County Superior Court, child molestation and aggravated child molestation matters use the CS-Capital Sex Crimes case designation. The District Attorney’s Office has a Crimes Against Children Unit that investigates and prosecutes these allegations.

We represent clients at the Atlanta Justice Center Tower and remain personally involved throughout each case.

Start with a Confidential Consultation

A free case evaluation gives you an opportunity to discuss the accusation, current court status, and immediate legal concerns with us. We can then identify the applicable charge and explain the next procedural steps without making assumptions about evidence we haven’t reviewed.

Zero-down financing with no interest for six months is available. This option can help qualified clients begin representation without an initial down payment.

Call (678) 918-4421 to discuss child molestation defense in Atlanta and request your free consultation.