Jonee Hamilton, a child-care worker in Cobb County, has been accused of body-slamming a toddler at her place of work, Oxford Babies.
The incident was reported on November 28th. The report stated that Hamilton slammed a 16-month-old child into a mat during nap time. She allegedly shoved the child's head down because the child failed to go to sleep.
Hamilton has been arrested and charged with child cruelty and aggravated assault in Georgia.
Cruelty to Children in Georgia
Cruelty to Children in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-70. Georgia Law separates the criminal offense of cruelty to children into three different degrees. As a Georgia Criminal Defense Attorney, I will outline the three different degrees below.
First-Degree Cruelty to Children in Georgia: “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. In addition, cruelty to children in the first degree includes when a person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.” If convicted of first degree child cruelty, the penalty can include a prison term between five and twenty years.
Second-Degree Cruelty to Children in Georgia: “When a person with criminal negligence causes a child less than 18 years old cruel or excessive physical or mental pain.” If convicted of second degree child cruelty, the penalty can include a prison term between one and ten years.
Third-Degree Cruelty to Children in Georgia: “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.” If convicted of third degree child cruelty, the penalty can include up to 12 months in jail and a fine of $1,000.
Practice Note
Child cruelty charges are extremely serious. If you or a loved one has been arrested on charges such as these, you should not attempt to defend yourself in your own case. This goes for any criminal charges in Georgia. Our team is here for you. We know that no one should be deemed guilty just because of an arrest.
Remember - a charge is not the same as a conviction. A Georgia Criminal Defense Lawyer will ensure that you receive the very best possible defense. Contact us today.
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