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Los Angeles Child Abuse Defense Attorneys 
Child Abuse
Child abuse may be physical, emotional, sexual, or, may even involve neglect. California Penal Code 273 (d) deals specifically with the physical abuse of a minor. California child abuse allegations may result in a misdemeanor or felony charge that comes with serious penalties. While it is crucial to protect the children of California, it is also important to make sure that false allegations and misleading evidence are not allowed to ruin someone's career, family and reputation. Anyone facing child abuse charges in California would be well-advised to contact an experienced criminal defense attorney to examine their legal rights and options.
California Child Abuse Laws
Child abuse falls under California Penal Code section 273 (d). The law states: "Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished by imprisonment in the state prison." If you intentionally harm a child and that harm results in an injury, you may be charged with child abuse. The injuries sustained by the child do not have to be serious or life-threatening in order to result in a child abuse conviction.
Examples of Child Abuse
The following acts may result in child abuse charges:
- Punching, slapping, hitting or kicking
- Shaking
- Burning
- Choking
- Pushing
- Throwing an object at a child
Child abuse is when any of these acts of violence results in corporal injury. California law does allow reasonable discipline of a child, which means that parents may spank their children as long as it does not cause a physical injury.
Penalties for Child Abuse
Penal Code 273(d) is considered a "wobbler." This means that it can be prosecuted as a misdemeanor or a felony depending upon the criminal history of the defendant and the extent of the injuries suffered. Misdemeanor charges may result in up to one year in a county jail and a $6,000 fine. A felony conviction carries a state prison sentence of two, four or six years and a $6,000 fine. Repeat offenders will face harsher penalties than first-time offenders. For example, if you have been convicted of a similar crime within the last 10 years, you could face four years in prison instead of two. Convicted child abusers may also face a three-year probation period in which they may be forced to attend a child abuser's treatment counseling program.
Defending Los Angeles Child Abuse Charges
A skilled criminal defense attorney will fight to have the charges reduced or dismissed. A typical criminal defense in a child abuse case may involve proving that:
- The allegations are false: Some charges result from ulterior motives. There are very few requirements for charges to be filed. So it is easy for false allegations to result in serious charges.
- The injuries were caused by a factor other than child abuse: Kids get hurt and accidents happen all the time. Some abuse charges are mistakenly made after observing bruises or cuts that had nothing to do with abuse.
- That the abuse was not willful: Mistakes can happen and children are vulnerable.
- That the parent has a right to reasonable discipline: Parents have a right to discipline their child as long as it causes no bodily injury.
If you are facing child abuse charges, it is important that you fight the allegations with the help and guidance of a skilled Los Angeles domestic violence defense attorney. If you have been charged with child abuse, please contact the experienced Los Angeles domestic abuse defense lawyers of Takakjian & Sitkoff, LLP for a free and comprehensive consultation.
If you have been arrested for a child abuse offense in Los Angeles then please call us immediately for a FREE CONSULTATION at (888) 579-4844
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Domestic Violence Resource Center
- Los Angeles Domestic Violence FAQs
- Alcohol and Domestic Abuse Defense Lawyers in Los Angeles
- Los Angeles Child Abuse Defense Attorneys
- Los Angeles Domestic Violence Consequences and Penalties
- Los Angeles Elder Abuse Defense Lawyers
- Domestic Physical Abuse Defense Lawyers in Los Angeles
- Spousal Abuse Defense Attorneys in Los Angeles
- Domestic Stalking Defense Attorneys in Los Angeles
- Los Angeles Domestic Violence Resources
