Atlanta, Ga. - A local Atlanta couple has been arrested on charges of second-degree murder and second-degree child cruelty. The charges follow the death of their 1-month-old infant on April 17th.
Investigators assigned to the case have determined that the infant died as a result of malnourishment from starvation. No other details as to the accusation have been released. The two have been arrested and are in the Fulton County Jail. They have both been denied bond.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of second-degree murder in today's post.
Second-Degree Murder in Georgia
Child Cruelty in Georgia is legally defined in various degrees. However, second degree child cruelty is a prerequisite to the crime of second degree murder in this state.
Second degree child cruelty is defined as:
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.
Second Degree Murder in Georgia differs greatly from the offense of murder in Georgia. Second degree murder in Georgia is defined as:
A person commits the offense of murder in the second degree when, in the commission of cruelty to children in the second degree, he or she causes the death of another human being irrespective of malice.
A person convicted or found guilty of second degree murder faces a penalty of a prison term for a period of ten to thirty years.
If you or a loved one has been arrested, call our offices today.