Second degree involves criminal negligence, not intent. We present context and fight exaggerated claims. Keep your children—call immediately.
In Newnan, there are three separate degrees of child cruelty, which are usually known by cruelty in the first, cruelty in the second, and cruelty in the third. A violent crimes attorney is dedicated to providing information about this offense and answer any questions you have.
You should not fight charges alone, especially ones such as these that can bring severe and lifelong consequences. A Newnan cruelty to children in the second degree lawyer could defend you and fight to avoid the most severe of penalties.
Just like all crimes, prosecutors must prove every single element of the crime beyond a reasonable doubt. For cruelty in the second, prosecutors must prove that a child suffered cruel or excessive physical or mental pain. State law does not require expert testimony from a doctor to establish the pain suffered by a child. It is up to the jury to make that determination.
For example, convictions for cruelty in the second have been upheld where the testimony was that a child drowned while under what was determined to be the criminally negligent supervision of an adult. Convictions have also been upheld where a child died of serious injuries while under the sole supervision of her parents. The expert testimony was that the injuries could not have been accidental.
Bibb County
Carroll County
Coweta County
Fulton County
Glynn County
Spalding County
O.C.G.A. § 16-5-70 outlines the unlawful behavior and penalties associated with charges of cruelty to children in Georgia. Upon conviction for cruelty in the second, the defendant is subject to a sentencing range of one year to ten years in prison. The parole board in Newnan considers child cruelty a level VIII crime and, typically, those convicted serve 65% – 90% of their sentence before being granted parole for cruelty in the second degree, so having an attorney fighting the charges may be in your best interests.
Facing charges for child cruelty can be extremely overwhelming. You may not know where to turn for your next steps. Fortunately, a Newnan cruelty to children in the second degree lawyer is willing and ready to fight for you. Call our firm today to discuss your case.
