It cannot be an accident or the result of negligence. Next, it must be proven that the defendant willfully deprived the child of necessary sustenance. Georgia courts have decided that which supports life — food, victuals, provisions. The previous cruelty to children provision we discussed was quite narrow and requires a fairly specific set of facts. There is less to break down in this portion of the statute.
The government must prove two primary elements to convict someone of this crime. Prosecutors can basically allege that any conduct caused a child cruel or excessive mental or physical pain. At that point, it is up to the jury to determine if the alleged cruelty to the child to the first degree is founded or excessive, as a lawyer in Newnan can further explain.
For instance, some jurors could say that the conduct was cruel or excessive and some other jurors could disagree and that would be a legally permissible result. Of course, if not all twelve jurors agree then you cannot be convicted by a jury because the law requires a unanimous verdict. As experienced trial attorneys, we are also not afraid to take your case to trial if necessary.
We represent clients in Atlanta and throughout the state of Georgia. We are lawyers who are committed to helping people in difficult situations and we invite you to call us at for a free consultation today. Michael Bixon is a life-long believer in making the best of any situation and looking forward to a bright future. He brings that same philosophy to his practice and focus in helping people facing insurmountable circumstances. For Michael, going out of his way for his clients, being available 24 hours a day, seven days a week, and ensuring they receive just representation is the only way to operate his practice.
Fleeing and Eluding Fleeing and Eluding occurs when an individual attempts to avoid a potential arrest by driving away from an officer who is instructing them to stop. While there are some instances in which an In the state of Georgia, you do not have to be a thief to be convicted of thievery. Even if you are proven to have not stolen an item, you can still be charged and punished for possessing the item the same as if you wer Open, Honest and Experienced Representation.
Defenses Incorrect Charge: While Bixon Law has spent over a decade dissecting these statutes and is intimately familiar with their wordings, many law enforcement officers are not, and may charge the incorrect code section. Case Law In Brewton v. Contact Bixon Law Today If you have been charged with a cruelty to children charge in Georgia, give Bixon Law a call today to speak to one of our experienced Georgia criminal defense lawyers.
Learn More About Attorney. 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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