Georgia Criminal Defense Blog

Example of Murder and Cruelty to Children in Georgia Man’s Recent Life Sentence 

Posted by Richard Lawson | Mar 30, 2018 | 0 Comments

According to reports, a Georgia man, Nicholas Campbell, pled guilty to murder, cruelty to children, and possession of methamphetamine during a plea negotiation in Cherokee County.  His trial was scheduled for April, but according to local media, he was sentenced to prison for life.

However, sometimes the media doesn't get the law right. There are a handful of charges that get mixed up by the news. These usually include the varying titles for homicide in different states that may not be recognized by the state of Georgia. 

Regardless, I'd like to use today's post to analyze the law behind each of the different offenses that Campbell was reported to be convicted of.

Murder in Georgia

According to O.C.G.A. §16-5-1(a), murder in Georgia is defined as when a person commits the offense of murder when he unlawfully and with malice aforethought, express or implied, causes the death of another human being.” Malice is defined as having a wicked or corrupt motive or an intention to do evil, and it will be implied when there is no considerable provocation done by the alleged victim. 

The crime is considered to be a felony, and the punishment for being convicted is a prison term of five to thirty years, and the penalty for a murder conviction is a life sentence in prison without parole, the death penalty, or life in prison.

Cruelty to Children in Georgia

There are three different degrees of cruelty to children in Georgia.

1) According to O.C.G.A. §16-5-70 (a)-(b), first-degree cruelty to children is defined as when a parent, guardian, or other person supervising a child under the age of 18 willfully deprives the child of necessary sustenance to the extent that the child's well being is jeopardized, or when a person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain. 

The crime is considered to be a felony, and the punishment for being convicted is a prison term of five to twenty years.

2) According to O.C.G.A. §16-5-70(c), second-degree cruelty to children is defined as when a person with criminal negligence causes a child less than 18 years old cruel or excessive physical or mental pain. 

The crime is considered to be a felony, and the punishment for being convicted is a prison term of five to ten years. 

3) According to O.C.G.A. §16-5-70(d), third-degree cruelty to children is defined as when either a 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 a 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. 

The crime is considered to be a misdemeanor, and the punishment for being convicted is up to 12 months in jail, a fine up to $1,000, or both.

Possession of Methamphetamine in Georgia

Methamphetamine is a Schedule II drug in Georgia. Schedule II drugs include crack cocaine, morphine, opium, and methadone. Possession of methamphetamine in Georgia is defined by O.C.G.A. § 16-13-30(a) as when any person purchases, possesses, or has under his or her control any controlled substance.

The crime is considered to be a felony, and the punishment for being convicted is a prison term of five to thirty years. 

If you or a loved one has been charged with a crime in Georgia, contact a Georgia Criminal Defense Lawyer today. Not everyone who is accused of a crime is guilty of that crime, and you need a Georgia Criminal Defense Attorney who can apply the most fitting Georgia Criminal Defenses to your case. 

About the Author

Richard Lawson

Richard Lawson has devoted his entire career to DUI Defense. He exclusively handles DUI Cases. As a former DUI Prosecutor he knows both sides of your case. Put his experience to work for you. You only have 30 days to protect your right to drive. Call now for immediate attention. We are available 7 days a week, 24 hours a day.

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