Criminal negligence in Georgia is more than just simple negligence. The Wimbushes have been charged with first degree cruelty to children because the State has alleged that they intentionally locked their child in the basement for the purpose of causing him pain. Although it appears the Wimbushes will argue that this was done for disciplinary reasons, this is not a defense if the child actually suffers cruel or excessive pain.
Other states have more specific laws governing child cruelty and child abuse. Some states even have specific statutes that cover a parent who either intentionally or negligently leaves his or her child in a hot car.
In Georgia, however, whether a parent is found guilty or not will really depend upon both the prosecutor who decides to file charges and the jury that ultimately hears the case. In some cases, what may be cruel or excessive to one parent may be perfectly normal to another. If any person— through their criminal negligence— causes a child under the age of 18 to experience excessive or cruel mental or physical pain, this will be considered a 2nd degree cruelty to children offense.
If you are charged with 2nd degree cruelty to children in Atlanta, it will be considered a felony crime. You will be sentenced to at least one year in prison, and could serve a maximum sentence of 10 years. A 3rd degree cruelty to children offense occurs when an individual purposefully allows a child to witness or hear an aggressive felony, battery or any other type of family violence.
If you are charged with 3rd degree cruelty to children in Atlanta, it will be considered a misdemeanor after the first and second offense. If you commit this same act a third time, it will be considered a felony.
You will also face at least one year in prison and could serve up to 3 years behind bars. If you are being charged with or investigated for cruelty to children in Atlanta, you should not take these charges lightly. We will make sure you are fairly treated during your trial, and we will work tirelessly to ensure your rights are represented properly during your legal proceedings.
Some defenses to cruelty to children include, but are not limited to:. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of cruelty to children, as well as all possible options for an accused dealing with such a serious charge.
Therefore, if you or a loved one has been arrested for cruelty to children, please call our office today at for a free consultation. Check your inbox or spam folder to confirm your subscription. Additionally, third-degree cruelty to children occurs when a parent, guardian, or other person supervising a minor child acts in one of the following ways: Such person acts as the primary aggressor and intentionally allows a minor child to witness the commission of a forcible felony, battery, or family violence battery; or Such person, who is acting as the primary aggressor, knows that the minor child is present or knows that the child can either hear or see the act, commits the act of forcible felony, battery, or family violence battery.
Penalties The penalty for being convicted of first-degree cruelty to children in Georgia is a prison sentence between years. Defenses Due to the severity of the punishment, as well as the collateral consequences for a charge of cruelty to children, it is vitally important to hire an experienced criminal defense attorney to defend you against such allegations and who also understands all the possible defenses to such a charge.
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