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(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child´s health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
(1) Such person, who is the primary aggressor, intentionally allows a child under the age of 18 to witness the commission of a forcible felony, battery, or family violence battery; or
(2) Such person, who is the primary aggressor, having knowledge that a child under the age of 18 is present and sees or hears the act, commits a forcible felony, battery, or family violence battery.
(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.
Typically a bond for such a crime will most likely be no more than $10,000.
Dimitry Alexander Kaplun, Esq.
She did not hit her in the face. However, somehow the daughter got a blackeye. It may have been when the daughter was hitting her mother and her mother blocked her and she hit herself in the eye. I don't know, I wasn't there.
I do know that my friend has a great job, never been in trouble, and this isn't something that has happened before. She and her daughter have had a good relationship.
I have previously read the Georgia statute. Jail time at all seem very harsh for this. Would it be likely that the court would require counseling only? Can she fight this charge and win?
Looks like it could be a long hard road... I just pray that this can be resolved and the family repaired.
Thank you for your assistance.
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