Savannah, GA asked in Criminal Law for Georgia

Q: Is cruelty to children 3rd degree a felony or jail time. This is my first time charge

I’m also facing Aggravated battery, battery and cruelty to children. I’m currently on probation for Domestic Violence that ends October 2020

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1 Lawyer Answer
Sean McIlhinney
Sean McIlhinney
  • Criminal Law Lawyer
  • Norcross, GA
  • Licensed in Georgia

A: Cruelty to the children in the 3rd degree is a misdemeanor and is the least severe of the

Under O.C.G.A. § 16-5-70(d), any person commits the crime of cruelty to children in the third degree when 1) such person, being 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 2) such 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.

For the first conviction and second conviction of cruelty to children in the third degree, a person is punished for a misdemeanor. This means the potential penalty is up to 12 months in jail or on probation. Upon a third or subsequent conviction for this crime, a person is punished as for a felony and faces a potential sentence of from 1 year up to 3 years in jail or on probation.

I would advise you to secure free consultations with experienced GA DUI criminal defense attorneys who will be able to give you a complete case evaluation after learning more about the specific facts of your case. Then hire the attorney who you feel most competent and comfortable with.

I have been practicing law in GA for over 20 years and regularly handle criminal cases through out GA. My office is located in Norcross which is part of the Atlanta Metropolitan area.

Please feel free to call or email for a free case evluation and fee quote if you like. My contact details are set out below.

Sean McIlhinney, Esq.


Cell: 404-932-3099

Office: 678-387-6920

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