Cruelty to children is not only an act that is done directly to a child, but is an act that is done in the presence of a child that causes not just physical pain but mental pain.
In many cases, acts of domestic violence that are not done to the children but done to a person in the presence of the children are the cause of this crime being invoked.
The CRIME:
A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeopardized.
The letter of the law:
(a) A parent, guardian, or other person supervising the welfare of or having immediate charge or custody of a child under the age of 18 commits the offense of cruelty to children in the first degree when such person willfully deprives the child of necessary sustenance to the extent that the child’s health or well-being is jeopardized.
(b) Any person commits the offense of cruelty to children in the first degree when such person maliciously causes a child under the age of 18 cruel or excessive physical or mental pain.
(c) Any person commits the offense of cruelty to children in the second degree when such person with criminal negligence causes a child under the age of 18 cruel or excessive physical or mental pain.
(d) Any person commits the offense of cruelty to children in the third degree when:
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(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.
(e)(1) A person convicted of the offense of cruelty to children in the first degree as provided in this Code section shall be punished by imprisonment for not less than five nor more than 20 years.
(2) A person convicted of the offense of cruelty to children in the second degree shall be punished by imprisonment for not less than one nor more than ten years.
(3) A person convicted of the offense of cruelty to children in the third degree shall be punished as for a misdemeanor upon the first or second conviction. Upon conviction of a third or subsequent offense of cruelty to children in the third degree, the defendant shall be guilty of a felony and shall be sentenced to a fine not less than $1,000.00 nor more than $5,000.00 or imprisonment for not less than one year nor more than three years or shall be sentenced to both fine and imprisonment.
The PUNISHMENT:
First Degree: Felony – 5 to 20 years of imprisonment.
Second Degree: Felony – 1 to 10 years of imprisonment.
Third Degree: Misdemeanor – first or second convictions where the facts do not rise to the level of felony punishment result in imprisonment of not more than 12 months.
The PROBLEM:
The state regularly overcharges individuals with crimes they cannot be convicted of because the individual did not perform the acts defined in the criminal statute in an effort to intimidate the individual into a guilty plea.
The SOLUTION:
You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit. You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.
You need to hire ROY YUNKER LAW.
Even more than many other statutory offenses, cruelty to children is a charge that can result in a huge differences in the end result if you do not hire competent and diligent legal defense. Cruelty to children can be a charge that is really harmful to you because even if it is not true, the charge itself can have harmful influences in your life. You need to hire an attorney that is not just looking to end the case, but end the case in a way that will have the least harmful effect on you life. Call Roy Yunker Law today!