Child Abuse - California Penal Code 273d
It is an extremely dangerous legal problem to be accused of committing a child abuse crime under California Penal Code 273d. If you are accused of any crime of child abuse, it is imperative that you have a very high quality Los Angeles child abuse defense attorney on your side.
It seems that no other crime comes to mind more than the accusation of child abuse that can create an untenable and openly hostile situation for someone accuse of that crime. Child abuse laws are covered under Penal Code 273d.
Our children are the most vulnerable part of society, so the perceived abuse of a child raises the ire of almost everyone and there is definitely no sympathy shown for the person accused.
However, since the perception may be flawed, it is critical that you call a criminal lawyer, if you or a member of your family has been charged with child abuse. It may be proven with the help of expert legal counsel that the actual reality of the situation is quite different and you in fact are innocent of any charges.
With not only your reputation at stake, but also your freedom and your ability to continue a relationship with your child, contact our law firm.
It is essential that you receive the qualified legal representation needed for a violent crime charge of child abuse. Your first appointment is free, so please contact us directly to begin your defense.
Obviously, parents are allowed to use physical force in punishing their children. However, there are situations where use of force against a child can result in a domestic violence arrest. Under Penal Code 273d PC, inflicting physical punishment on a child is a crime that can be filed as either a felony or a misdemeanor.
The final outcome of your case could be based largely upon the skills and trial experience of your criminal defense lawyer. Our legal team is made up of Certified Criminal Law Specialists – a certification that less than 1% of the attorneys in our state have achieved.
We have the highest possible peer review rating from Martindale-Hubbell®, AV® or preeminent in criminal law. We have over 80 years of combined experience, and have gained prominence in the L.A. area for successfully defending difficult or high profile criminal cases.
When we take on a client accused of child abuse, our first step is to listen to you and what happened, and your story behind the charges. We are on your side at all times, and we are prepared to fight for any possible advantage, including negotiating with the prosecutor to reduce charges, filing a motion to get the charges dismissed altogether, or crafting a compelling case for the defense to seek a full acquittal at trial.
If the victim sustained serious injuries, you could be facing a great bodily injury enhancement (GBI) under California Penal Code 12022.7.
Your freedom and your ability to continue a relationship with your child are both at risk. At Cron, Israels & Stark, our child abuse defense attorney can take action to protect you against false accusations, exaggerations of the facts and the penalties that could be imposed upon you if you are convicted.
Definition of Penal Code 273d Child Abuse
In order for the prosecutor to prove you are in violation of PC 273d PC, they must be able to show you willfully or intentionally inflicted “cruel or inhuman” physical punishment on a child. They must also prove the punishment caused a traumatic physical condition and that you actions was not reasonable discipline.
In many child abuse cases in Los Angeles, there is often a debate regarding whether a parent's discipline practice were permissible or whether they actually went beyond a line into child abuse.
The prosecutors uses several factors to determine whether to charge someone with child abuse, including if the child suffered injuries, whether some type of object was physically used on the child, and the defendant's criminal history that shows a pattern of abuse.
Child Abuse Investigation in Los Angeles
In most child abuse cases, police will quickly become involved after a case has been reported. Many of these reports will come from a teacher or nurse who has observed injuries on the child, or in cases where the child told them of abuse.
Police will conduct an investigation and interview the parents. Additionally, the case will probably be referred to the Los Angeles County Department of Children and Family Services (DCFS) who will conduct their own investigation. In some cases, they will make a recommendation that the child to be removed from the home and placed into a safe environment.
After the investigation, the issue will be referred to the Los Angeles County prosecutor who will review the information for filing a criminal case. If the conduct involves serious abuse or the defendant has a history of violence, the prosecutor could file felony child abuse charges. In most cases, the prosecutor will initially file the case as a misdemeanor.
Will I lose my children?
There is a real possibility of losing custody or visitation with your children in the future if you are convicted of child abuse. You will be forced to register as a sex offender if the charges are related to sexual abuse.
Put simply, if accused of child abuse your children may be removed from your home by child protective services.
Once removed, the difficulties are almost overwhelming in proving your innocence and having them returned to you. Even if the accusation turns out to be false or is just a suspicion, it can have a devastating effect on your life and that of your children.
You must seek legal support rapidly in order to battle to have your children returned. By contacting a criminal defense lawyer, you can count on having an individual who truly understands what you are going through. .
These are very serious legal matters, and if not handled with the highest level of skill, will impact your life forever. Your children may be removed from your home by Child Protective Services. Once removed, it can be difficult to get the children restored to your custody.
The accusations of abuse could be totally false or related to an effort by the other parent to damage you and your reputation. Our legal team knows how to approach defending a charge of child abuse, and you can be confident that your case is in professional hands. We are prepared to discuss your situation at once.
The earlier we get involved in defending you, the more options could be available. Call immediately for assistance if you or your loved one is facing charges of child abuse.
Types of Child Abuse
The penalties imposed for a child abuse conviction range in severity, based upon the type of abuse involved. There are many people who are mandated under law to report suspicion of child abuse, including school employees, day care workers, health practitioners and child protective agencies, as well as companies that develop commercial film in which depictions of abuse have been found in film or other media.
A child who has fallen and hurt themselves and has bruising may be believed to have been injured by an abusive parent or other family member. If a report has been filed about suspected abuse, the agencies involved are required to investigate the situation and determine if there is abuse taking place. About 1/5 of all total reports come from teachers, and half of all reports come from these mandated reporters.
These professionals, particularly teachers, are highly likely to report a suspected case of physical abuse if your child arrives at school with bruises, scrapes or appears to be neglected. Neglect can include wearing dirty or inadequate clothing, arriving to school hungry consistently, or other indicator that the child is not being cared for correctly.
Neighbors could believe that there is child abuse occurring, or could even have a personal vendetta against you and report child abuse. There are many circumstances that could lead to criminal charges of child abuse that are unfounded, but being innocent is not enough.
Once you are in the system, you must take action to get your name cleared. Our firm represents parents and others who are accused of committing any act of child abuse, including physical or emotional abuse, neglect or sexual abuse. Call Cron, Israels & Stark today.