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Cruelty to children 1st degree charges can be devastating. Conoscienti and Ledbetter can represent you in court if you have been charged with cruelty to children in the 1st degree. Contact us today for help.
Author: J. Blake Ledbetter, Partner, Conoscienti & Ledbetter
Mr. Ledbetter specializes in civil litigation in metropolitan Atlanta, Georgia, and possesses vast experience in wrongful death lawsuits. Mr. Ledbetter was recognized as a SuperLawyers Rising Star in 2018 and 2019 in the area of Civil Litigation. Published on September 09, 2023, last updated on April 23, 2024.
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Cruelty to Children in Georgia
Child cruelty charges arise when an adult causes injury to a child under eighteen. It may be charged as a felony or misdemeanor and can result in serious consequences. The parent or guardian of a child is usually responsible for the cruelty. But, someone supervising the child at the time could also be responsible.
Cruelty to children may involve battery or family violence charges. You may also face harsher penalties if the child’s injuries result in death.
In Georgia, the offense of cruelty to children falls under three degrees of severity. A conviction for each degree carries a different level of legal punishment. However, in this guide, we will be focusing on cruelty to children in the first degree. Read on to learn more about child cruelty and how our family lawyers can help.
Charges of 1st Degree Cruelty to Children in Georgia
Under GA Code 16-5-70, charges for first-degree cruelty to children arise when:
- A person willfully deprives the child of necessary sustenance, jeopardizing the child’s health or well-being
- A person maliciously causes the child cruel or excessive physical or mental pain
The guilty person could be a parent, guardian, or person supervising a child’s welfare. An example of first-degree cruelty is the starvation of a child as punishment. Child cruelty can also result from “mental pain.” The term mental pain is subjective and may extend to issues like unsanitary living conditions. The arresting officer has the discretion to determine if an act causes mental pain.
What Are the Long-Term Effects of Cruelty to Children?
Cruelty to children has long-term effects on a child’s well-being and development. Some effects may happen immediately, while others may take years to become detectable. Examples of some long-term effects of child cruelty include:
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Health Issues: Child cruelty victims face a higher risk of stunted growth and improper brain function. Neglect and abuse can affect their ability to process information and emotions.
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Substance Use Disorders: Children who are victims of cruelty may resort to substance abuse. They may use drugs and alcohol as a coping mechanism as they grow older.
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Juvenile Delinquency & Criminal Acts: Child cruelty victims may develop antisocial behaviors. They may also choose to associate with others with similar behaviors. This may include bullying, aggression, and committing crimes as adults.
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Psychological and Behavioral issues: Children who suffer cruelty are vulnerable to psychiatric disorders. Some of these include anxiety, depression, and post-traumatic stress disorders.
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Impaired Cognitive Skills: Cruelty to a child may disrupt their brain development. The damage may result in an inability to focus, learning disabilities, and poor grades. These effects may have a huge impact on the child’s future.
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Impacts on Society: Victims of child abuse and cruelty may become a menace to society. Their negative actions or behaviors may affect the lives of others around them.
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Defenses Against Cruelty to Children 1st-Degree Charges
When dealing with cruelty to children charges, several defenses are available. These defenses are discussed below.
False Allegations or Actual Innocence
This is one of the most common defenses against child cruelty. It often arises during custody battles between both parents. You may use this defense when there is no evidence of the child’s suffering. The prosecution may find it difficult to prove cruelty if there is no evidence of injuries to the child.
Accident
The child may have sustained injury during an accident and not due to abuse. In such cases, showing evidence that the pain was accidental may be a good defense. If the injury occurred because of your recklessness or criminal negligence, the defense may fail.
Negligence can result in a conviction for second-degree cruelty to children. Second-degree child cruelty carries a punishment of between one and ten years in jail.
Disciplining the Child
Parents have the right to discipline their children using corporal punishments. However, these punishments are not acceptable if they cause long-lasting injuries to the child. The court must find the punishments reasonable depending on the circumstances of the case.
Consequences for a Cruelty to Children Conviction in Georgia
First-degree child cruelty is a felony with a punishment between five and twenty years. Sometimes, parents have no intention of harming their children. But, the child may suffer cruelty as a result of their actions to the other parent.
In domestic violence cases, one parent may commit violent acts in the presence of their child. They may face third-degree cruelty to children charges if the child watches them commit family violence battery or forcible felony.
The punishments may be harsher if the cruelty involves sexual assault or abuse of the child. If the court finds sufficient evidence of sexual assault, you may face up to twenty years in prison. You may also pay huge fines of up to $100,000.
As the supervisor involved in sexual abuse, the child’s parents may file a lawsuit against you. Most offenses involving child molestation cannot be expunged. So, you may have the offense on your record for the rest of your life.
A criminal record can affect several areas of your life and career. It may prevent you from getting employment. It may also affect housing and insurance benefits or opportunities. If you are a parent responsible for cruelty, the child may be taken from you. The court may grant full custody to the other parent if they can care for the child. A knowledgeable child custody lawyer may be able to help you get back custody.
Defenses Against Cruelty to Children 1st-Degree Charges
Facing child cruelty charges can be daunting, but there are potential defenses and legal strategies that individuals can explore with the help of a skilled attorney.
False Accusations: In some cases, individuals may be falsely accused of child cruelty due to misunderstandings or malicious intent. A defense strategy may involve gathering evidence to prove the innocence of the accused and disprove the allegations.
Lack of Intent: Proving intent is crucial in criminal cases. If the accused can demonstrate that they did not intend to harm the child or that the alleged actions were accidental, it can weaken the prosecution’s case.
Parental Discipline: Arguments can be made that certain actions, such as reasonable parental discipline, do not constitute child cruelty under the law. This defense may involve presenting evidence of disciplinary practices within acceptable legal boundaries.
Mental Health Defense: If the accused has mental health issues that contributed to the alleged actions, a mental health defense may be pursued. This can involve expert testimony and medical evidence to support the defense.
Negotiating Plea Deals: In some cases, negotiating plea deals can lead to reduced charges or penalties. This strategy requires careful consideration of the specific circumstances and potential outcomes.
By understanding these defenses and legal strategies, individuals facing child cruelty charges can work with their legal counsel to build a strong defense and navigate the legal process effectively.
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Get Assistance From Experienced Criminal Lawyers
When facing charges for child cruelty in Georgia, you should not take them lightly. These cases are difficult on families and require a strong defense strategy. Therefore, hiring skilled Atlanta lawyers will give you better chances of securing a positive outcome.
At Conoscienti and Ledbetter, we have experience in defending cruelty to children charges. Our attorneys understand the complexity of dealing with cases involving children. We can work with you and help you navigate the issues that arise in your case.
Our legal team is familiar with Georgia court procedures and can fight to secure a positive outcome. If your case goes to trial, we can provide you with skilled legal representation. We can examine your case and create a solid defense strategy to fight your charges.
If you or a loved one are facing child cruelty charges, you should contact us today. We have handled various cruelty to children cases and can handle yours too.
Decatur Office
(404) 373-5800
315 W Ponce de Leon Ave. Suite 400 Decatur, GA 30030
