Georgia Father Arrested for Punching Toddler

A man has been indicted on a felony charge of first degree child cruelty.

According to authorities, the man got into an argument with a 3-year-old girl last summer. It escalated quickly which led to the child being hit in the face multiple times. As of right now, the man's relationship to the girl has not been provided. The child was brought to medical professionals with a bruising on her right cheek, bruising on her eyelids, and two bloodshot injuries on her right eye.

As a Georgia Criminal Defense Lawyer, I will outline the various degrees of child cruelty in Georgia.

Child Cruelty 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

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