The law in Georgia provides several different ways for a child abuse to be prosecuted. Most of the time it will be prosecuted as cruelty to children. However, there are some cases where aggravated assault or aggravated battery or other criminal statutes may apply.
Cruelty to children in the first degree is when someone maliciously causes the child under the age of 18 cruel or excessive physical or mental pain. This crime is a felony punishable between five and twenty years.
Cruelty to children in the second degree is when someone with criminal negligence causes a child under the age 18 cruel or excessive physical or mental pain. This crime is punishable between one and ten years.
These crimes hinge on the term “cruel or excessive” physical or mental pain. Whether the behavior is “discipline” or “abuse” will be judged on whether the actions are cruel or excessive and whether the actions are reasonable.
A parent is justified in using corporal or physical punishment in order to discipline a minor child, so long as the corporal punishment is reasonable. A parent is not justified in using corporal punishment to discipline a minor child if the corporal punishment maliciously causes the child cruel or excessive physical pain, harm, or injury.
The short answer: yes. Spanking your child is legal (as long as it is reasonable and does not result in cruel or excessive mental of physical pain).
If you’ve been accused or arrested for child abuse or molestation, learn what your options are. Contact us today for a free consultation, call (706) 750-0501.
Author Bio
Attorney J Todd Mitchell
J Todd Mitchell is a dedicated criminal defense attorney who has always fought for the rights of the falsely accused, the over-charged, and the innocent. A graduate with honors from the University of Georgia School of Law, Todd began his career at the Public Defender’s Office in Augusta, Georgia. With a reputation for winning tough cases, including acquittals in serious charges like murder and rape, Todd has never been on the prosecution's side. He continues to advocate for justice and individual liberty, leveraging his deep understanding of the judicial system.
More Legal Blogs
Working with Your Defense Attorney: How to Make the Most of Your Partnership
When you’re facing criminal charges, finding the right Augusta criminal defense attorney is critical. But it’s only the first step. How well you work with your defense attorney can play a big role in how successful your defense is. Unfortunately, many people make mistakes in interacting with their criminal lawyers. Often, that’s because they’re trying to guess …
Working with Your Defense Attorney: How to Make the Most of Your Partnership Read More »
View BlogShould I Get a Lawyer for My DUI Charge in Georgia?
If you’ve been charged with DUI, it’s in your best interest to talk to an experienced Augusta DUI attorney right away. The information in this article will help you understand…
View BlogHow to Make the Most of Your Initial Consultation with a Defense Attorney
Your relationship with your criminal defense attorney begins with your initial consultation. During the consultation…
View BlogWhat Should I Consider When Hiring a Criminal Defense Lawyer?
If you’ve been charged with a crime, it’s generally in your best interest to hire a criminal defense attorney right away. Criminal cases can move quickly…
View BlogChoosing Your Champion: The Importance of Selecting the Right Defense Lawyer
Facing criminal charges is stressful, and there’s a lot at stake—even when the charge is a misdemeanor. One of the most important things…
View BlogCan I get my probation terminated early?
Do you want to have your probation end? Want to stop reporting to your probation officer? Do you want to know if you can get your…
View BlogI did not have drugs on me, can I still be convicted of possession? Isn’t possession nine-tenths of the law?
A lot of people mistakenly apply an old phrase “possession is nine-tenths of the law” to the wrong context…
View BlogCan The Police Lie During an Interrogation?
The law in Georgia provides several different ways for a child abuse to be prosecuted. Most of the time it will be prosecuted as cruelty to children. However…
View BlogDoes Georgia have mandatory minimum sentences?
With regards to crimes committed in Georgia that are pending in State or Superior Court, the judges have wide discretion in fashioning a sentence. There are no “sentencing guidelines” like those that are used in the Federal system…
View Blog