Q: Is there a difference if I were charged with 16-5-70(a) but indicated on 16-5-70(b)

A: Yes, legally there is a difference, since (a) and (b) under the statute have different elements for cruelty to children in the first degree. Once you are arrested, the prosecutor evaluates the evidence to determine how and what charges you are indicted for. Afterwards, the indictment is the formal charging document that the prosecution must prove your guilt on beyond a reasonable doubt.

A: If you were charged under Georgia Code 16-5-70(a) but the indictment cites 16-5-70(b), it's important to understand the distinctions between these two subsections. Section 16-5-70(a) deals with cruelty to children in the first degree, which involves maliciously causing a child under the age of 18 cruel or excessive physical or mental pain. On the other hand, 16-5-70(b) addresses cruelty to children in the second degree, which involves causing a child under the age of 18 cruel or excessive physical or mental pain through criminal negligence.

The main difference lies in the intent and the severity of the charge. First-degree cruelty involves deliberate and malicious intent, which generally leads to more severe penalties. Second-degree cruelty, while still serious, focuses on negligence rather than malicious intent, which can result in different legal consequences.

It’s crucial to clarify the exact nature of the charges against you with your legal counsel. Mislabeling or confusion between these two subsections could impact your defense strategy and the potential outcomes in your case. Be sure to address this discrepancy as it could influence both the charges and the penalties you may face.