Child Abuse

Child abuse refers to any willful infliction of cruelty or inhumane corporal injury or punishment on a minor that results in a traumatic condition. It takes different forms, including slapping a child’s face hard enough to leave a mark and injuring a child while disciplining them. Prosecutors charge child abuse as a misdemeanor or felony, depending on the severity of the offense and the perpetrator’s criminal history. A conviction can result in a lengthy prison sentence, a hefty court fine, and other life-changing consequences that may affect your career and social life.

Our competent criminal defense attorneys at CCLG: Los Angeles Criminal Attorney can help if you face child abuse charges in Los Angeles for reasonably disciplining your child or if you face false charges. We can review your case to advise you on your rights and options. We can also use our best criminal defense strategies to help you obtain a favorable outcome in your case.

The Meaning of Child Abuse under California Law

Although disciplining a child is legally allowed in California, it must be reasonably done to avoid hurting the child. Children are protected under the law because they lack the capacity to protect or defend themselves. Any adult who willfully inflicts harm on a child commits a serious crime and can be convicted of child abuse. Any physical action that is committed willfully and leaves a child with a traumatic condition falls under the category of child abuse. The prosecutor will use any available evidence against you to ensure you are connected to the crime. This serves justice and also protects the child from further harm.

However, facing child abuse charges does not automatically mean that you are guilty. You are arrested and charged with a crime if you are suspected of committing it. The police must investigate the crime, and the prosecutor must prove your actions beyond a reasonable doubt to get a conviction. You can also defend yourself by fighting the charges with evidence to avoid a conviction or obtain a reasonable outcome in your case.

Generally, when a criminal case goes to trial, the prosecutor bears the burden of proof. They must prove all the elements of your crime beyond a reasonable doubt. The elements of child abuse, as provided under PC 273(d), include the following:

• That you willfully inflicted an inhumane physical injury or punishment on a child
• The injury or punishment caused the minor to sustain a traumatic bodily condition
• You did not act while reasonably disciplining the child.

Child abuse is a crime committed against a child or minor. Under the law, this is an individual who has not attained the age of 18. It applies to situations where an adult inflicts cruelty or inhumane physical punishment on a child, resulting in an injury that leads to a traumatic condition. It is important to understand every element of this crime so that you can determine any loopholes in your case that could help with your defense.

Corporal Punishment

This refers to any physical punishment, as opposed to emotional or mental punishment. It is the deliberate infliction of physical pain or discomfort as a form of punishment or discipline, mainly by parents, guardians, or educators on children. It includes such actions as shaking, spanking, hitting, or using objects like paddles and straps.

Traumatic Condition

This is a physical injury or wound resulting from the application of physical force to a person. It can be minor or severe.

The infliction of physical force on a child must be willful and not accidental for the perpetrator to be convicted of child abuse. However, this does not mean that you intended to break the law or harm the child.

Example: Lately, James (16) has been very disrespectful to his parents, especially his father, Mark. Mark has been patient with him all along, until the other day, when he ran out of patience and thoroughly disciplined the boy with a belt. Sadly, he left marks and scratches on his son’s legs and arms, which compelled James to seek medical treatment.

In this case, Mark can be charged with child abuse even if he did not intend to harm his son but only to discipline him.

Actions that Can Result in Child Abuse Charges

There are specific actions that are considered abusive under the law when used on a minor. They include the following:

• Slapping
• Hitting
• Pushing
• Shaking
• Punching
• Choking
• Kicking
• Burning
• Throwing a child
• Throwing an object at a child

These are just a few abusive actions that could cause a minor to sustain an injury that results in a traumatic condition.

Note: Spanking is not necessarily considered child abuse under California law, especially when it is used for discipline purposes. However, it can satisfy the requirements of a child abuse charge if it is done excessively under a particular situation. Spanking a child with your bare hand will not likely result in an injury. However, doing the same with an object like a paddle or a belt can result in bodily injury and a child abuse charge.

However, issues like these are dealt with on a case-by-case basis. The jury decides whether a particular action is abusive, depending on the circumstances of a case and the resulting injury. In some cases, it may be ruled that spanking using a bare hand is abusive, and in others, the same is not abusive. Having an attorney present during the trial helps avoid an unfair guilty verdict, especially if your actions were minimal and primarily for disciplinary purposes.

Possible Penalties of a Child Abuse Conviction

Child abuse is a wobbler under California law. This means that the prosecutor can charge it as a misdemeanor or felony, depending on the details of the case and the defendant’s criminal history. If you have a prior conviction for child abuse or domestic violence, the prosecutor will likely file felony charges, regardless of the circumstances of your current case.

A misdemeanor charge happens if it is your first child abuse offense, and the details of the case are minor. A conviction for a misdemeanor will likely result in the following penalties:

• One year in jail, or
• Misdemeanor probation
• A court fine of $6000

A felony charge will happen under the following circumstances:

• Your actions were particularly cruel
• The child sustained a serious physical injury
• You have one or multiple prior convictions for domestic violence, child abuse, or any other related crime

A conviction for a felony is punishable by:

• Two, four, or six years in prison, or
• Felony probation
• A court fine of $6000

The judge may order you to serve part of your sentence in jail after a felony conviction, and the rest on probation.

How Prior Convictions Affect Penalties for Current Convictions

Remember that if you have one or multiple prior convictions for child abuse, the judge can increase your prison sentence by four years. However, there is an exception to this rule if you completed your sentence for the prior conviction over ten years ago, and you have not served time for any other felony conviction since, or in the last ten years. If the exception applies in your case, the judge will not enhance your sentence for the underlying conviction.

Probation in Place of Jail or Prison

Probation sentences are very common in California. They offer an opportunity to serve your sentence, whether for a misdemeanor or felony, from home and not behind bars. While this seems like a better deal, probation sentences are longer and come with strict terms and conditions by which you must abide.

Misdemeanor probation is usually for 1 to 3 years. You are usually placed under the supervision of the court, meaning that you must submit progress reports periodically to the judge. If you violate probation, the judge can cancel it and sentence you to jail for the required period.

Felony probation usually lasts up to 5 years. You could serve part of your felony sentence in jail and the rest on probation. The judge will set strict conditions to ensure you meet specific requirements while on probation. For example, they can order you to stay out of legal trouble while on probation, to get treatment for an underlying condition, like drug or alcohol addiction. You could also be required to complete a particular number of hours of community service.

While on felony probation, you are placed under the supervision of the probation department. The department will appoint an officer who will ensure that you abide by all set conditions. They will submit periodic progress reports to the court on your behalf. If you violate probation, the officer will write a recommendation to the court regarding the suitable actions the court must take against you. This includes continuing probation, amending its terms and conditions, or canceling it. If the latter happens, the judge will sentence you to prison for the period required by law.

If you perform well while on probation, there is usually an option to apply for early probation termination. Your skilled attorney can help you understand how this happens and guide you through the application process. The court may grant early termination of probation if you meet all the conditions of your probation. If you comply for two years on a three-year probation, you could be eligible for early termination. You can submit a petition to the court for the judge to review and grant or deny it. You can combine your petition to terminate probation with a petition to reduce your felony conviction to a misdemeanor and a petition to expunge your misdemeanor conviction.

Child Abuse as a Strike

Your conviction for child abuse can be a strike under the Three Strikes Law if you cause a minor to sustain a great bodily injury. This means you could face a heftier penalty after conviction if you already have a prior strike on your record. If this is your first strike, the sentence remains the same as provided under PC 273(d). However, if you have a prior strike and this is your second, you will receive double the penalties provided for this offense under the law. On the other hand, if you have two prior strikes on your record and this is your third, you will receive a sentence of 25 years to life in prison.

Expungement of your Conviction Record

After completing your misdemeanor sentence or after successfully applying for an early termination of probation, you can file an expungement petition with the court. Expungement reduces the stigma and legal disabilities of a criminal conviction, even though it does not erase the conviction record. It makes it easy for you to apply for jobs without worrying about denied applications. After expungement, you can legally answer ‘NO’ if asked whether you have a prior criminal conviction, especially when applying for a private job. You can also easily obtain or reinstate a professional license.

However, this is only possible if you have completed probation or successfully applied for early probation termination, and are not serving time or probation for another crime. The judge will consider how you performed while on probation for child abuse to either grant or deny your application. You can seek the help of a skilled attorney to increase your chances of obtaining a favorable outcome with this process.

Fighting Child Abuse Charges

A conviction for child abuse can result in severe, life-changing consequences. In addition to a jail or prison sentence and a court fine, it will leave you with a damaging criminal record. This can affect how easily you find a job, housing, insurance, and credit services. It may also affect your social life and family life. However, you can avoid these consequences by fighting your charges in court. A skilled attorney can help you put up a solid defense against your charges to convince the court to dismiss or reduce your charges.

Here are some defense strategies that may work favorably in your case:

You Are Falsely Accused

False accusations are not uncommon in child abuse or other domestic violence cases. A child or someone from your family can falsely accuse you of child abuse out of jealousy, to take revenge against you, or to gain an advantage over you. Children often file criminal charges against their parents, especially if they do not like being punished. A child can inflict an injury on themselves and use it as evidence of the abuse.

Although this can be a tough defense to use, especially if you do not have evidence to counter the allegations, a skilled attorney can help. Criminal defense attorneys who have handled false allegations in the past know best how to approach such cases to protect their clients from paying for crimes they did not commit. Your attorney can interview a witness (if someone was present during the incident) or interview the alleged victim to understand the kind of relationship you have.

If the child has a history of filing false accusations, threatening to file false accusations against you, or confiding in another child or someone else about filing a false accusation, a skilled attorney can unravel the truth and use it to counter the allegations against you. If this works, the judge will dismiss your charges.

You Did Not Injure or inflict Corporal Punishment on the Child

Remember that a parent, guardian, or educator can be accused of child abuse for legally punishing a wayward child. While punishment is legally allowed in California, it can amount to child abuse if it is excessive or results in bodily injury. A child who is unhappy with being punished can accuse you of child abuse by using an injury they sustained in another incident to prove that you injured them during the punishment. In such a case, you need solid evidence to counter the allegation and avoid a conviction.

With the help of your attorney, you can interview anyone present or any other child who was punished alongside the alleged victim. If none of those present witnessed the injury, or if they agree that the punishment was reasonably administered, the judge may dismiss your charges.

Additionally, you can call an expert witness to testify that the injury is inconsistent with the punishment you administered. For example, if you spank a child, and they sustain a cut, the cut is definitely inconsistent with the spanking. This will only prove that the child sustained the injury in a different way from what they allege.

You Were Legally Disciplining the Child

Remember that discipline is legal in California. A parent or guardian can legally discipline their child by using reasonable force according to a particular situation. Since children do not enjoy punishment, your child may decide to retaliate by accusing you of child abuse for disciplining them.

If indeed you used reasonable force against the child, you can demonstrate that to the court to show that you only did what you felt was necessary under the circumstances. If, fortunately, the child did not sustain any injury, proving that the discipline was reasonable and legal will be easy.

Your Actions Were Accidental

Remember that child abuse happens when you willfully inflict corporal punishment on a child, causing them to sustain a traumatic condition. You are not criminally liable if your actions were accidental. Your actions are wilful if they are purposeful or intentional. For example, if someone annoys you, and you slap or push them away in anger, your actions are willful. However, you can use this defense if you accidentally injure a minor. This can happen in different situations, including the following:

• If you are playing baseball with your child and you hit them with a racket or a ball
• If you are rushing out of a room and you accidentally slam the door on a child’s face
• If you are saving a child from a fall and you accidentally dislocate their arm or leg
• If you are practicing karate with a child and you accidentally hit them too hard

Note that these are innocent acts that can happen even to the most caring parent. However, if you are always too aggressive with a child, and they keep getting injured while playing or working with you, you could be accused of child abuse. The judge will carefully assess the situation to determine whether your actions are innocent or criminal.

There Was Police Misconduct in Your Case

Police misconduct is an important factor to consider when planning your defense. The police have specific regulations by which they must abide when arresting suspected offenders or investigating crimes. If an officer misconducts themself, it may work in your favor in the end, regardless of how powerful the evidence they have gathered against you.

You can cite police misconduct to convince the judge to dismiss part of the evidence against you. This can leave the prosecution with insufficient evidence to prove your case beyond a reasonable doubt.

This strategy can work if the police violated your right to an attorney or your right to avoid self-incrimination. If you ask for an attorney after an arrest, you should be allowed to call one or be appointed a public defender. If you choose to remain quiet after an arrest, the police should not trick, coerce, or force you to confess or give a statement. Discuss some of the violations you encounter with your attorney, as they could form a strong basis for fighting for a favorable outcome.

Find a Competent Criminal Attorney Near Me

Do you or someone you know face child abuse charges in Los Angeles?

This type of charge can result in life-changing consequences. However, you can change the outcome into a more favorable one by putting up a defense during the trial. You can do this with the help of a competent criminal defense attorney who is willing to use their best defense strategies for a favorable verdict.

At CCLG: Los Angeles Criminal Attorney, we handle all kinds of domestic violence cases, including child abuse. We have the skills and experience to use the right defense strategies that could convince the judge to dismiss or reduce your charges. We will also defend your rights and offer the legal support you need as you navigate complex legal processes. Call us at 323-922-3418 to learn more.