Jason B. Sheffield – Criminal Defense Notable Cases:
Child Physical Abuse / Shaken Baby Syndrome / Abusive Head Trauma

Summaries of charges, defenses, and outcomes for clients prosecuted in counties throughout Georgia and the Southeast.

Charges Dismissed After Warrant Issued

State v. John Doe (2011)

Defense Counsel:

Charges: Cruelty to Children 1st Degree

Prosecution's Case:

Defendant maliciously assaulted his 4-year-old son with a belt and punched him in the eye.

Defense and Outcome:

The alleged victim’s mother reported to police that her son told her that the defendant, the alleged victim’s father, punched him. Defendant denied the allegation. Defense investigation revealed that the alleged victim had been terminated from several daycare programs for wild and violent behavior. While defendant had disciplined his son, he had done so in the presence of two other witnesses who confirmed that the defendant firmly, yet with care, disciplined his son by first explaining to his son the reasons for discipline and then by spanking his son’s bottom. By further reconstructing the discipline, the defense was able to show that during the punishment, his son thrashed about in such a way that he (the son) hit his own eye on the corner of the bed which caused him a black eye. The DA’s office felt the discipline was reasonable and thus lawful and that the injury to the alleged victim’s eye was an accident. They chose not to present the case to the Grand Jury.

State v. Jane Doe (2011)

Defense Counsel:

Charges: Cruelty to Children 1st Degree

Prosecution's Case:

Defendant maliciously assaulted her 9-year-old son with a belt, which bruised his face, arms, and wrist.

Defense and Outcome:

Based on defendant’s role as a single mother, she opted, for the first time in her life, to discipline her son via corporal punishment due to her son’s recent and extensive history of bad conduct in school and at home. She took a belt and attempted to slap him across the wrist. By reconstructing the discipline, the defense was able to show that during the punishment, her son moved in such a way that explained the accidental slap of the belt on his cheek. The mark on his arm was due to pulling away and falling against a nearby chair. With that, and the defendant’s stellar reputation in the community, the DA’s office chose not to present the case to the Grand Jury.

State v. John Doe (2010)

Defense Counsel:

Charges: Child Cruelty in the 1st Degree

Prosecution's Case:

The defendant maliciously assaulted his 6 year old daughter by hitting her with a tree branch on her body and by pushing her down to the ground where he used his hand to force dirt in her mouth, which was physically and emotionally cruel.

Defense and Outcome:

The defendant who was going through a custody battle with his ex-wife denied hitting his daughter in the manner described and denied holding her down and forcing her to eat dirt. The ex-wife, however, did not believe him and eagerly supported her daughter's assertions. In fact, the girl had a history of being physically and verbally violent to both parents, even at such a young age. Emails and text messages demonstrated both parents trying to cope with it. With that in mind, the defense also pulled school records and psychological records, which demonstrated that the girl, at times, was uncontrollable with therapist and teachers, and that she often needed to be physically removed from various environments. The documents also established the great efforts that the defendant had gone to to help his daughter and keep her under control. On the day in questions, she was being disrespectful and physically aggressive. While the defendant put the girl in "time out," he did not assault her as described, as he was not comfortable being physical with discipline. Ultimately, the defense demonstrated to the state the defendant's good character and that, via physical evidence, that the girl's statements to her mother were not true. The truth was that the mother, being biased against the defendant due to the custody battle, was fooled by her daughter. The district attorney's office chose not to present the case to the Grand Jury.

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Charges Dismissed After Indictment Issued

State v. John Doe (2014)

Defense Counsel:

Charges: Cruelty to Children 2nd Degree; Battery

Prosecution's Case:

The defendant violently struck his girlfriend and drove erratically, causing visible injury to his girlfriend's 4-year-old daughter

Defense and Outcome:

The state indicted the defendant on the word of defendant's ex-girlfriend that he had been abusive. Defense counsel demonstrated that the ex-girlfriend was abusive towards him after defendant tried to break off their relationship and that she lied to the police about her injuries and those sustained by her daughter. The state dismissed the charges.

State v. John Doe: (2014)

Defense Counsel:

Charges: Felony Murder, Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The father violently shook his 2 month old son due to his son's fussiness, causing subdural and subpial hemorrhages and his death. He was facing Life in prison.

Defense and Outcome:

Following Defense Counsel’s intensive review of the facts of the case and their work with medical experts in pediatric neuroradiology, pediatric neuropathology, blood disorders, and acute life threatening events (ALTEs), defense counsel learned that the bleeding in the child's head was the result of a venous thrombosis (ruptured clot) and complications of cardiac arrest, not a violent shaking. After cross-examining the state's witnesses at trial and presenting their defense of the case to a jury, the state elected to dismiss all murder charges prior to the jury deliberating. The case concluded with the defendant accepting 4 years of probation to criminal negligence under the First Offender statute and no admission of guilt. After probation, the defendant will not have a record of the offense.

State v. John Doe: (2013)

Defense Counsel:

Charges: Felony Murder, Cruelty to Children, Shaken Baby Syndrome

Prosecution's Case:

The father was home alone with his 4-month-old daughter who was fussy and hard to calm. He shook her, causing subdural hematomas, retinal hemorrhages, and her death.

Defense and Outcome:

Following Defense Counsel’s intensive review of the facts of the case and their work with medical experts in pediatric neuroradiology and acute life threatening events (ALTEs), defense counsel convinced the District Attorney’s Office to dismiss all charges just before trial.

State v. John Doe (2009)

Defense Counsel:

Charges: Domestic Family Violence Battery (Felony)

Prosecution's Case:

The step-father defendant was arrested and charged for punching and breaking his 14-year-old step-son’s nose.

Defense and Outcome:

Following multiple court hearings, regarding the production of juvenile court records, youth detention center records, psychological records, and school records of the alleged victim, the defense was able to demonstrate to the state that the alleged victim was known for violence, was known for starting physical altercations with others, and that the defendant was merely defending himself. The state agreed to dismiss the indictment in exchange for proof of family counseling.

State v. Jane Doe (2008)

Defense Counsel:

Charges: Domestic Violence Family Battery

Prosecution's Case:

Defendant was arrested for bruising, slapping, and scratching her daughter.

Defense and Outcome:

Defendant’s daughter called police after defendant allegedly grabbed her and wrestled her to the ground in an attempt to take the daughter’s cell phone. The daughter called other family members to assist her in prosecuting her mother. The family called investigators and the state attorneys and urged them to put defendant behind bars. Defense investigated the facts and interviewed witnesses and learned that the daughter, a 15-year-old, was running up her cell phone bill for hundreds of dollars and was angry at her mother when she tried to take it away. Defense also learned that the defendant had been taking care of her mentally ill mother and managing her estate, paying for doctors' bills and home health care. Defense further learned that the reason the family was so eager to put defendant behind bars was so they could get their hands on the mother’s estate, put her in a home and use the money for themselves. Based on the family’s motive, the daughter’s behavior, and the defendant’s good character, the state dismissed the charges and agreed to expunge the defendant’s record. The defendant and her daughter are fine and the daughter now pays for her own cell phone.

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Jason B. Sheffield

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10.0Jason B. Sheffield

eorgia Association of Criminal Defense Lawyers President