Suspect Arrested in Domestic Violence Case in Stone Mountain

Gwinnett County Courthouse

Stone Mountain, Ga. - According to Gwinnett County authorities, a month after being accused of shooting his wife in the face, a man who has been on the run was arrested this past week.

The man is facing charges of aggravated assault, battery, and cruelty to children. He is currently being held without bond. The man's wife is in critical condition and an update on her health has not been released.

As a Georgia Criminal Defense Lawyer, I will focus on the law behind the crime of cruelty to children in the state of Georgia in today's post.

Cruelty to Children in Georgia

The crime of cruelty to children in Georgia is outlined in the Georgia Code in O.C.G.A. § 16-5-70. The statute, as I mentioned above, breaks down the offense into three different degrees.

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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