Rebecca Harris, a 24-year-old mother, has been arrested in Hall County after being accused of beating her young daughter while possessing what has been estimated as $400 worth of methamphetamine.
According to reports, the 2-year-old was covered in visible bruising from her side down her leg including her buttocks. The arrest resulted from a family member's report of the child's injuries to authorities. Fortunately, the child is now reported as being safe and in the custody of relatives.
Harris is facing charges of methamphetamine possession as well as child cruelty in Georgia. Today I will outline the methamphetamine offense and the law behind the crime.
Possession of Methamphetamine in Georgia
Methamphetamine is part of the Schedule II drug/controlled substances in Georgia, which also includes crack cocaine, morphine, opium, and methadone.
Possession of methamphetamine in Georgia is defined by the Georgia Law in O.C.G.A. §16-13-30(a) as:
It is unlawful for any person to purchase, possess, or have under his or her control any controlled substance.
The possession of methamphetamine can be actual or constructive. Actual possession is when a person actually has methamphetamine in his or her possession. If someone is not in actual possession, then a person who knowingly has both the power and the intention at a given time to exercise dominion or control over the methamphetamine will be deemed to be in constructive possession of it. There must be a link between the suspect and the methamphetamine that goes beyond mere spatial proximity.
Possession of methamphetamine is classified as a felony in Georgia. The penalty for being convicted is a prison term of five to thirty years.A second or subsequent conviction can include a penalty of prison for ten to forty years or possibly life in prison.
Drug offenses in Georgia are taken very seriously, and if you or a loved one have been arrested for a drug crime, contact our offices today. A Georgia Criminal Defense Attorney can help to mitigate the situation.
Georgia felony penalties should not be taken lightly. Even though drug possession is considered a nonviolent felony - the consequences of a felony conviction are still very serious. While lengthy prison sentences and hefty fines are severe punishments by themselves, felonies have additional consequences. If released from prison, it can be challenging to have a normal life. A felony conviction makes it difficult to obtain housing, credit, or even employment.
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