The state of California defines child abuse as willfully inflicting cruel and inhuman punishment or injury on a minor. However, it doesn’t not apply to actions that were part of what the courts deem a reasonable disciplinary action. For example, choking, burning, kicking, pushing, a child would be considered child abuse, while spanking would not typically be considered abuse. If you’ve been accused of child abuse for any reason, then you have a defender in Law Offices of Torrence L. Howell.
The ins and outs of child abuse are complicated
A child abuse case in California can have a lot of nuances. One thing to note that is that it’s not necessary that the person charged meant for the result of their action to happen. The only thing the courts care about is the fact that the accused meant to commit the action that eventually lead to an injury.
As an example, if a parent yanks their child’s shoulder and it ends up being dislocated accident, then it may still be charged as child abuse despite the fact that the parent didn’t have any intention of hurting their child. On the other hand, a person who elbowed their child in the face on accident wouldn’t be guilty of child abuse because they didn’t intend to do it.
The consequences of child abuse are significant
Depending on the accused’s criminal history and the evidence against them, they may be charged with felony or misdemeanor child abuse. In most cases, prosecutors want to be seen as acting aggressively on child abuse charges so they’re likely to charge it as a felony.
A person convicted of misdemeanor child abuse can spend up to a 364 in county jail. A person convicted of felony child abuse may spend as long as six years in prison. If they have a previous conviction of child abuse, then they could be looking at up to ten years. Both misdemeanor and felony charges can come with fines of as much as $6,000.
There are defense options
The unfortunate truth is that allegations of child abuse are often not true. The child may be making them up because they’re angry, jealous, or something else. A relative may encourage the claims due to their own ulterior motive. When a criminal defense attorney represents someone who’s been accused of child abuse, they are likely to first consider if someone is providing false information.
We will also work with experts to see if the injuries could have been the result of a simple, normal accident and not abuse. It’s also possible that we’ll argue that you were acting within your rights to discipline your own child. If there’s a lot of evidence against you, then we may work to find the best plea bargain possible. No matter what the situation is, you can call 909-920-0908 today to get a free case evaluation.
