Florida law emphatically tasks adults responsible for a child’s welfare to protect them from danger and ensure they have the necessities including food, clothing, and shelter. Failing to provide these basics can lead to severe penalties after a conviction. If you are charged with a crime against a child in your care, an Orange County child endangerment lawyer knows what to do next. These types of charges can often fall under the umbrella of domestic abuse.
Child endangerment involves an adult physically abusing or neglecting a minor they oversee. This can apply to a parent, teacher, babysitter, coach, or even a pastor. You could also be charged if you know of a child in danger but fail to report it, or you purposely put a child in danger.
Parents are permitted to spank their children, with some caveats. After spanking, the child should not come away severely bruised or with broken bones. Any disfigurement, such as a split lip that will leave a scar, or a broken nose would be enough for criminal charges. Your mindset can be to willfully spank the child but not to injure them.
To complicate Florida law, under Florida Statutes Section 39.01(37)(a), harm that can be inflicted on a child includes emotional and psychological. This could include leaving a child alone for long periods to fend for themselves or giving them illicit drugs or allowing them to host a party for their teen friends where you serve alcohol.
Abandoning, neglecting, and causing physical harm to a child are classified as child endangerment crimes. On some level, the Florida Department of Children and Families (DCF) may investigate a complaint against you, but you could also be arrested. It is imperative that you contact an Orange County lawyer as soon as possible to protect your rights and provide strong advocacy for a child endangerment defense.
If you are charged with child endangerment, the prosecutor believes there is enough evidence to convict you, and your guilt can be shown beyond a reasonable doubt. Our criminal defense attorneys look for every avenue to cast doubt, and if jury members can be convinced, we have struck a fatal blow to the prosecutor’s case. Some defenses to the charge include:
The prime reason you need experienced guidance from an Orange County child endangerment attorney is because Florida categorizes this crime as a felony. We are ferocious fighters when it comes to clients’ rights and the threat of losing your freedom if there is a conviction.
Neglect or endangerment that results in great harm to a child is a second-degree felony in Florida. A conviction can draw a prison term of up to 15 years, fines, loss of child custody, and other sanctions the judge chooses to order.
If the child is endangered but does not suffer great harm, the prosecutor will charge you with a third-degree felony. A conviction could send you to prison for up to five years, along with other penalties. Because of the gravity of these felony charges, if the Florida DCF or a deputy calls on you, immediately contact an Orange County child endangerment attorney.
Raising and caring for children is not easy. No matter your role, as parent, teacher, babysitter, or other authority figure, you are tasked with guiding and disciplining them to stay on the correct path toward a successful adulthood.
In some cases, Florida law may supersede your judgment, and DCF may start asking questions. At this or any other stage of an investigation into how you treat children in your care, call us. An Orange County child endangerment lawyer stands by your side and looks for the best defense to the charges.
The Umansky Law Firm Criminal Defense & Injury Attorneys
