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Nathanael Adamson Horsley
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Nathanael Horsley’s Answers

68 total


  • What sentence does cruelty to children carry

    Husband arrested for two felonie cruelty to children, aggravated assult and battary

    Nathanael’s Answer

    There are three types of cruelty to children offenses that can be sentenced as felonies, all are found in OCGA 16-5-70. Cruelty to child in the first is punishable by 5-20 years in prison. Cruelty to child in the second carries 1-10 years and cruelty to child in the third is a misdemeanor for the first offense, but subsequent convictions are felonies and carry 1-3 years.

    Aggravated assault carries a maximum of 20 years, but there are a variety of circumstances that effect the possible range of punishment that are found in OCGA 16-5-21.

    Under OCGA 16-5-23.1 Battery is a misdemeanor for the first offense, but for a third or subsequent battery against the same victim the offense would be a felony punishable by 1-5 years. Also, if the battery is committed against past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household then it is a family violence battery. A first time FVA (family violence act) battery is a misdemeanor, but second or subsequent FVA battery offenses are felonies that carry 1-5 years.

    As you can see these are serious offenses and your husband would be well served seeking legal help as soon as possible.

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  • When or can I discontinue paying child support on my 19 and 18 yr old kids? Iam being fur-lowed /no income as of Aug 2010?

    In 2008 I filed contempt charges on x for keeping my now totally estranged 3 children away from me since 2004. Not only did I get NO HELP from judge, he ordered me to now pay child support due to the new laws in Ga. I really have been fine with t...

    Nathanael’s Answer

    Generally the responsibility to pay child support end when a child turns 18, but it is very common for courts to order that child support continue beyond that point if the child remains in school or if other circumstances apply. Bottom line, you need to show an attorney the original divorce decree and the contempt order that established the child support obligation so that they can give you informed advice. If there is a continuing obligation, it may be possible to modify the child support obligation or eliminate the obligation altogether for children over the age of 18, but you need to take legal action to do so in order to avoid potentially being held in contempt yourself.

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  • What are the possible punishments for going in the back yard of a house forsale and being charge with criminal tresspasing?

    Me an 5 friends which one of my friends was the nephew of the house for sale were charged with criminal tresspasing by goin in his uncle back yard and looking at the pool. His uncle doesnt live in the house

    Nathanael’s Answer

    Criminal trespassing is a misdemeanor with a maximum penalty of 12 months in jail and a $1000.00 fine if the defendant is an adult. However, I see you've posted this in juvenile. If the matter is being handled in juvenile court then you are likely facing a delinquency adjudication rather than a criminal prosecution. If so the possible consequences are going to be different. Either way, unless you were given prior notice that you were not allowed on the property or you damaged the property you may have a good defense to the charge. Bottom line, you should talk to a lawyer and fill them in on all the facts so they can give you informed advice.

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  • What things can a juvenile do, and can be charged as an adult?

    like i know if a person undr 17 killed someone hey would be carged as an adult. what ither things of that category can a juvenile be charged as an adult?

    Nathanael’s Answer

    The only short answer to this question is to refer you to OCGA 15- 11-28 and say you should speak to an attorney about the facts of the case to get specific advice. There are somewhat complicated procedures for determining whether a person aged 13-17 is tried in juvenile courts or in superior courts. The juvenile court is where most charges will start, although the juvenile court can transfer cases up to superior court if they would be punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution if committed by an adult. The crimes that will generally start out in the superior court are the so called "seven deadly sins", which are Murder;Voluntary manslaughter; Rape; Aggravated sodomy; Aggravated child molestation; Aggravated sexual battery; and Armed robbery if committed with a firearm. However, even in with these charges it is possible for the superior court to transfer the case down to the juvenile court if they would not be punishable by loss of life, imprisonment for life without possibility of parole, or confinement for life in a penal institution if committed by an adult.

    Bottom line, if you know someone aged 13-17 who may have to deal with these sorts of charges, you would be very well served to speak to an attorney early in the process. It is possible to talk to the prosecuting agency and in some cases potentially alter how the case would be charged so as to avoid the risk associated with having a child charged in superior court "as an adult".

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  • Is she going to jail??

    my 20 year old daughter just got out of jail 3 months ago for burglary charges, and is on 10 probation. Tonight she got picked up on shoplifting charges. will she be going back to jail??

    Nathanael’s Answer

    At least temporarily. If the shoplifting is a misdemeanor they should set a bond. However, probation could place a hold that could keep her from being released based on a violation of probation. Either way she may or may not be facing a probation revocation based on the new offense of shoplifting. Some probation offices will see what happens with the new charge before filing a revocation, but others will proceed even before she is convicted or acquitted of the new charge. If they do proceed with the revocation they still have to present evidence she is guilty of the crime of shoplifting to revoke her probation, but they only have to prove she did it by a preponderance of the evidence, which is less than the beyond a reasonable doubt standard that would be used at a trial for the shoplifting charge. Bottom line, she would be well served to have an attorney assisting her with this situation.

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  • Can someone tell me the maximum sentence for these crimes?

    theft by receiving of a car owning and operating a chop shop possession of tools to commission a crime possession of vehicle with altered vin

    Nathanael’s Answer

    We've seen things in the news, but without commenting on any particular case or any person's criminal history, the max penalty for a first conviction of theft by receiving a motor vehicle is 10 years. For a second or subsequent conviction of theft by receiving a motor vehicle the max is 20 years. The other numbers given by Mr. Kimbrell are accurate.

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  • My husband recently filed for a divorce and it was granted because he went to the next county and filed saying he could not find

    Did he commit purgery and can I take him back to court for the division of property and family support?

    Nathanael’s Answer

    You need to provide a more information before anyone can answer this question with specificity. Divorce decrees can in some cases be modified. Depending on the timing you may also be able to appeal the decree or even ask that the judge reconsider their ruling after bringing any false statements by the other side to the judge's attention. Bottom line, you need to talk with a lawyer about this to tell them more about what happened.

    This answer is provided for informational purposes only. The response given is not intended to create, nor does it create, an attorney-client relationship. If you are looking for legal advice regarding a problem in the State of Georgia you may contact my office so that we can set up an office or phone consultation to fully address your question.

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  • Fee agreement

    Does a fee agreement have to be in writing to be enforceable?

    Nathanael’s Answer

    If you are talking about a fee agreement for legal services the answer is no. Georgia recognizes both oral contracts and written contracts. It is preferable to have all agreements in writing because it is easier to prove the terms and there is generally thus less to dispute. However, an oral contract is as a general statement equally enforceable in court.

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  • If in the best interest of the children, can visitation be contained to the county of residence?

    In the final decree the parents agreed to joint custody with the mother having primary physical custody. Due to certain events since the decree, the well being of the children is being hindered. Is there a way to legally put this in writing? The n...

    Nathanael’s Answer

    It is difficult to know exactly what is going on based on the information you've provided. As a general statement the way to alter the terms of a child custody order with regard to visitation is to file a motion to modify the order. So the simple answer is yes, you can have a change in the visitation legally put in writing and such a change might theoretically include supervised visitation in your county of residence. In terms of procedure, after you file a motion to modify, you have the burden to show there has been a change in circumstances and the court would then determine what steps would be in the best interests of the child. If you are simply telling law enforcement and/or the other party what you find to be in the best interests of the child and what you are saying is contrary to the initial order, you could be at risk of being held in contempt of court. Bottom line, you need to contact an attorney to let them know exactly what has happened and why you need the change, and they can advise you on the best way to legally protect your children.

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  • What if my ex husband has been in contempt of court since divorce and I disobey orders once, what could possibly happen?

    I have never been in contempt of court in five years, however, my ex has been in contempt since beginning in regards to child support and medical support for children. One of my daughters has a very important activity to attend with 4-H on his we...

    Nathanael’s Answer

    What could possibly happen is you could be held in contempt. Whether that is likely is another question that should best be discussed with an attorney after they are familiar with all the facts of the case and the judge who would be deciding the case. There are defenses that could theoretically be applicable; you might argue any failure to comply was not willful or that he had unclean hands in the matter based on failure to pay child support or other violations of the court order. However, your ex may have very good reasons why he does not want her to attend and rather than getting into a situation where anyone is violating a court order it is far better to be reasonable and discuss the situation so that an agreement that benefits the best interests of your child can be reached.

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