According to reports out of Carroll County, a young father has been sentenced to fifteen years in prison for causing the death of his 8-month-old daughter.
He gave the infant a lethal dose of Benadryl to stop her from crying. She was announced dead on arrival when she arrived at the hospital from going into cardiac arrest.
The man will serve fifteen years in prison followed by fifteen years on probation.
As a Georgia Criminal Defense Lawyer, I will outline the law behind the offense of second degree murder in the state of Georgia. It is rarely referred to because not many instances call for an accusation or a charge of second degree murder as the law will demonstrate below.
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.
Second degree murder is not a crime we see charged frequently in the state of Georgia. There are a variety of homicide offenses in this state including: Murder in Georgia and Involuntary Manslaughter in Georgia - just to mention a few.
If you or a loved one has been arrested, call our offices today.