Georgia Couple Indicted on Charges of Child Cruelty and Second Degree Murder

Adam Brady and Elizabeth Norris, a couple in Coweta County, have been indicted on charges concerning the death of their infant son. The incident happened in March, and the baby allegedly suffocated to death in his crib in their home. According to reports, Brady discovered the child when he arrived home from work and neglected to call police for another five hours.

The couple has been indicted on charges of cruelty to children and second degree murder in Georgia. As a Georgia Criminal Defense Lawyer I will outline the offense child cruelty in today's post.

Cruelty to Children in Georgia

Cruelty to Children in Georgia is separated into three different degrees by Georgia Law in O.C.G.A. §16-5-70.

First-degree cruelty to children occurs 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. 

Second-degree cruelty to children occurs when a person with criminal negligence causes a child less than 18 years old cruel or excessive physical or mental pain. 

Third-degree cruelty to children occurs 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. 

Cruelty to children is considered a felony in Georgia. The penalty can include up to twenty years in prison. The only exception is with third degree child cruelty - a judge has the discretion with this degree to charge it as a misdemeanor instead of a felony. 

Practice Note

As of right now, Norris' mother is standing by the couple and maintaining their innocence - that they did not know, and that it was a mistake. If it is determined that the baby's death was not the result of negligence or recklessness on behalf of either of the parents. 

If you or a loved one has been arrested in Georgia, contact our offices today. No case is hopeless, and we are here to help. Contact a Georgia Criminal Defense Attorney today.