Defeating a child abuse charge could be one of the most significant challenges a person ever faces. If convicted, the criminal penalties are severe and the ancillary consequences could be devastating.
If you are being investigated for child abuse or already facing charges, contact a local domestic violence attorney immediately. An Orlando child abuse defense lawyer could vigorously contest the charges and do everything possible to limit the fallout and protect your right as a parent.
Florida Statute § 827.03 defines the crime of child abuse as intentionally causing a child to suffer a mental or physical injury or knowingly engaging in an action that could lead to the child’s injury. A person could also face child abuse charges if they encourage another person to engage in actions that could lead to the child’s injury.
Aggravated child abuse is even more serious and occurs when they have committed aggravated battery against a child, which means intentionally causing them severe or permanent physical harm or using a deadly weapon to harm them. Aggravated child abuse could be the charge if someone tortures a child, cages them, imposes malicious punishment, or intentionally causes a child to suffer a permanent disability, disfigurement, or severe bodily harm.
All child abuse charges are felonies and carry severe penalties, even for first offenders. The specific charge a prosecutor pursues depends on the harm the child suffered. An Orlando child abuse defense attorney could present mitigating circumstances and convince a judge to be lenient in a specific case.
Someone convicted of child abuse when the child did not suffer a permanent injury faces a third-degree felony, and the potential punishment for a first offense is five years imprisonment and a $5,000 fine. When a person is convicted of intentionally abusing the child and causing severe bodily injury or permanent disfigurement or disability, the charge is a second-degree felony with a sentence of up to 15 years in prison and a $10,000 fine for a first offense. Aggravated child abuse is a first-degree felony and a first offender faces a potential sentence of up to 30 years in prison and a $10,000 fine.
People feel protective of children and someone accused of abusing a child will suffer damage to their reputation. They may face repercussions at work, home, and in the community even if the prosecutor never gets a conviction. An Orlando attorney could work to prevent a prosecutor from filing a child abuse charge and limit the consequences if the decision is made to prosecute.
Child abuse charges usually come about in two ways. Someone might make a report of suspected child abuse to the Department of Children and Families (DCF). If an investigation reveals a likelihood of criminal abuse, DCF reports the issue to law enforcement. Conversely, if a police-involved incident or investigation concerns children, the police must make a report to DCF.
DCF has significant authority to intervene if a DCF worker believes a child was harmed or in danger. DCF can remove a child from their home and request a restraining order preventing the accused from having contact. DCF can petition to terminate a parent’s rights if it believes doing so is in the child’s best interests.
Child abuse charges sometimes arise out of disciplinary incidents. Parents have the right to discipline children as they see fit and to use corporal punishment if their methods do not cause a child lasting injury. A child abuse attorney in Orlando could assert a parent’s rights and establish through expert testimony, if necessary, that the disciplinary actions the parent took did not cause the child significant harm.
Unfortunately, estranged spouses or co-parents sometimes report child abuse seeking an advantage in a custody battle or other proceeding. A defense advocate could expose the complaining parent’s motives which might convince a prosecutor to drop a charge.
Sometimes the basis for a child abuse charge is another criminal charge. For example, a person accused of drunk driving might also face a child abuse charge if the child was in the car. Defeating the underlying charge could lead to dismissal of the child abuse charge in many cases.
A child abuse charge could have a devastating impact on your family and every other aspect of your life. Give yourself the best chance to preserve your freedom by engaging a professional defense attorney.
An Orlando child abuse defense lawyer has the skills and experience necessary to successfully combat the charge. Reach out as soon as you learn you are under investigation for suspected child abuse.
The Umansky Law Firm Criminal Defense & Injury Attorneys
