Child Abuse Lawyer in Santa Ana

Child abuse is loosely defined as inflicting harm on a child, and it is illegal in California. Setting definitive terms on what constitutes harm can sometimes be difficult, such as identifying the line between legal corporal punishment and child abuse.

The Law Office of Sheny Gutierrez will help you navigate the gray areas and defend your legal rights when you are facing abuse allegations. The seriousness of child abuse charges should not be ignored. Even when defendants are found not guilty or suffer no criminal consequences, there are repercussions in other areas of your life after being accused of child abuse. We’ll be here to support you as we fight the charges and put your life back together, so contact us for a free consultation.

Child Abuse in California

Corporal injury to a minor child involves the deliberate infliction of cruel physical punishment on a child that results in a wound. This doesn’t usually include spanking, as corporal punishment is legal in California. However, the discipline must be considered reasonable, which will be up to the court to decide.

California law affords parents some leeway in disciplining their children. It is legal to use physical punishment as a form of discipline, but only to a certain extent. This becomes a challenging area to prosecute because opinions vary so widely about what is appropriate for physical punishment.

There is plenty of room for interpretation and subjectivity in these offenses. If you have any past convictions or charges of child abuse or domestic violence, a pattern of behavior could be established that can have negative effects on your case.

Physical abuse can include hitting, kicking, slapping, shaking, choking, or inflicting any other unnecessary and harmful physical act. Physical abuse is often the first type of abuse people think of in these cases, but it isn’t the only one. Child abuse charges can also include:

Child neglect
Sexual abuse
Emotional abuse

Parents who have committed any acts that fall into these categories could face criminal charges of child abuse. If only one parent is accused of one of these offenses, the alleged abuser may also be facing divorce and custody issues on top of their child abuse charges. In addition, some crimes involving children require national registration on offender databases, which will impact your life in numerous ways in the future.

If you are in this situation, you will need an experienced attorney who can fight the criminal charges associated with child abuse allegations while also respecting the sensitive family law matters that often occur as a result.

Penalties for Child Abuse

Because of the broad range of severity and unique circumstances present in child abuse cases, this charge is what’s called a wobbler. This means the prosecution can decide to charge you with a misdemeanor or a felony.

As with most crimes, the first offense is treated with more leniency. As long as there were no severe injuries and the treatment of the child wasn’t considered extremely cruel, a misdemeanor charge for a first offense is likely. In these cases, defendants could face up to one year in jail and a maximum of $6,000 in fines. Alternatively, some judges will grant summary probation to the defendant instead of jail time. This probation could last for up to three years and may include terms like counseling or treatment sessions and no contact with the child.

Felony child abuse carries much steeper penalties, including as much as six years in jail. Prior child abuse convictions could raise that maximum sentence to 10 years.

California’s three-strike rule is also relevant in felony cases because a conviction will result in a strike on your record. Repeat offenders will see increased penalties and mandatory minimum sentencing.

Building a Solid Defense in Orange County Child Abuse Cases

While the legal terms can be subjective, crimes against children should always be handled carefully. We cannot predict how the jury will interpret the evidence, so a diligent and aggressive approach to building a defense is necessary. The jury will consider whether the act was cruel or inhuman and if any disciplinary actions toward the child were within the bounds of reasonableness.

Having a skilled child abuse attorney is pivotal for this stage of the legal process because presenting the evidence as clearly and simply as possible can avoid misinterpretations.

Common Defense Strategies

A strong criminal defense will help the jury look past the overall fact that the case involves a child, which can often cloud judgment, and focus on the specifics of the case. You may be able to prove that:

The accusations are not true
The child’s injuries were caused by something or someone else
The injury was an accident
Abuse didn’t occur because you were acting within your right to discipline your child

False allegations can sometimes occur after a domestic dispute or family argument and are spurred by anger, revenge, an attempt to influence a custody case in family court, or as a way to punish the parent.

Mandated reporters like doctors, teachers, and therapists are required by law to report suspected abuse. This can lead to well-meaning but mistaken reports. If a child has injured themselves at school or playing outside, it can sometimes mimic the symptoms of abuse.