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California laws permit parents and legal guardians to use force when punishing children – to a point. If someone else believes that you crossed the line, their accusations can result in child abuse charges. Crimes against children carry severe penalties, not to mention significant social stigma. If you are a parent of the alleged victim, you could also lose permanent custody of your children.
Waiting to hire an attorney puts your future at risk. We need to begin right away so we can start preserving evidence and get ahead of the prosecution team trying to put you behind bars. Get the help you want by hiring a child abuse lawyer at Amicus Legal Group as soon as possible.
In California, parents are permitted to swat, spank, or paddle children and still not be guilty of child abuse. That said, you can understand the charges better by looking at specific statutes that describe abusive acts against children.
This subsection describes a crime that occurs when a child suffers unjustifiable pain or mental suffering.
This subsection describes a crime that differentiates a “spanking” from abuse. The prosecutor must show that you acted intentionally to inflict inhumane physical punishment, not reasonable discipline of the child.
Even for a misdemeanor conviction, you can face up to one year in county jail. You can also receive other penalties that include parenting and/or child abuse classes, steep fines and a criminal conviction that can follow you around for the rest of your life.
Courts have been seeing higher numbers of cases being prosecuted due to pressure from advocacy groups and the revenue that convictions generate. While most of the consequences of a conviction are well known (court fines, probation, jail time), consider how a conviction could impact your life:
Just because you spanked your child does not make you a harmful or abusive parent. Give your family the fighting chance it deserves by hiring a child abuse defense lawyer that has a strong reputation for achieving client results.
Typically, law enforcement becomes involved in child abuse matters when a “mandatory reporter,” like a teacher or doctor, noticed injuries on a child’s body. They must also report if a child states that he or she has been the subject of child abuse.
Upon receiving a report, police will investigate the circumstances to determine if probable cause for an arrest exists. They will also refer the case to the local officials at the Department of Children and Family Services (DCFS) who will perform an independent investigation to determine if the children are safe.
If both police and DCFS find a reason to charge child abuse, the case will go to the district attorney’s office. If the prosecutor believes that you are guilty or have a history of violence, then charges will be filed as a felony or misdemeanor.
Like criminal defense lawyers, no two child abuse cases are alike. Amicus Legal Group will perform an exhaustive investigation and use our findings to determine what prosecutors can, and cannot, prove.
Possible defenses that your lawyer may use include:
• You did not act intentionally
• The act was a reasonable discipline measure
• You did not commit the act
• Someone else abused the child
• The child was injured in another’s care at the time
When our legal team says that child endangerment and abuse charges are defensible, we mean it. However, these cases are highly technical, emotional, and require a solid knowledge of the law. Defend yourself by hiring a child abuse attorney known for their tough stance when representing defendants.
People charged with a crime often struggle with whether to hire a private attorney or use a public defender. While a court-appointed lawyer will be cheaper, that choice may prove costly if you end up pleading guilty in court. With heavy caseloads, public defenders can be overworked and might not have the time to carefully review all the evidence in your case.
We fight for clients every day and are committed to their success since their lives depend on it. Call for a free consultation today because when the gavel comes down it will be too late to reconsider your choice of lawyer.
For more information about fighting your charges, call Amicus Legal Group to get the answers you need. We are available to address your legal questions at (888) 588-1777 or by sending us a private note here.
Providing the highest possible service to our clients begins with our free consultation but continues until the successful conclusion of your case.
At Amicus Legal Group our team is dedicated to providing the highest level of service to our clients. Whether you have been injury in an accident or charged with a crime, our team is ready to fight for you.