Los Angeles Child Abuse Defense Lawyer
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 California Penal Code Section 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 Cron, Israels & Stark. 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.
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?
It is a sad state of affairs and very frightening indeed that in this day and age we are open to vindictive behavior or total misunderstanding by family members or others. 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 at our Los Angeles firm, you can count on having an individual who truly understands what you are going through. Call Cron, Israels & Stark to review the details of your case.