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Child Abuse / Child Neglect
The State of Florida treats allegations of child abuse or neglect very seriously and frequently tries to strike hard and strike fast against what they see as offensive wrongdoers. The potential criminal punishments for aggravated child abuse, child abuse and child neglect can carry significant jail or prison time. The police and prosecutors are quick to believe children or neighbors, and will rush investigations and decision making without being concerned for true science or getting to the bottom of people’s motives and facts. A child abuse lawyer is the difference between walking free and having your family torn apart and possibly going to jail.
Child protection investigators for the Department of Children and Family Services will become involved in the case on the civil side and can petition the courts to actually take children away from parents and terminate parental rights. A child abuse lawyer can help prevent terrible events from occurring while you are in the dark.
But hope is not lost. Matt Landsman has defended dozens of parents charged with crimes against children. Not only can allegations involving child abuse or neglect be unfounded, but in some circumstances they can be entirely fabricated. Many times, children caught in the middle of domestic problems can be convinced to make false allegations against one parent or by third parties with the hope of gaining custody or in a worst case scenario, terminating parental rights. Minors, and especially minors who are dealing with domestic instability, parental conflict, rebellious attitudes, can cause lots of damage, and it takes an experienced litigator get get things back to normal.
Definitions of Child Abuse and Neglect
Florida criminalizes child abuse and related offenses in subsection of Florida Statutes 827. Specifically the three offenses below are all located in 827.03.
There are three different types of offenses that can be charged under the current laws of the State of Florida. Child Abuse, Aggravated Child Abuse and Child Neglect.
Aggravated child abuse means the prosecution has to prove the following elements beyond a reasonable doubt. They must prove that the defendant (1) committed an aggravated battery, or (2) willfully tortured, or (3) maliciously punished, or (4) willfully and unlawfully caged, or (5) committed child abuse and in so doing caused great bodily harm, permanent disability, or permanent disfigurement, to a victim under the 18 years of age. To prove that a defendant committed aggravated child abuse by way of an aggravated battery, the following elements must be proven. There must be evidence that the defendant intentionally touched or struck the victim and caused bodily harm to the extent the law considers it great bodily harm or permanent disfigurement; or that the defendant used a deadly weapon. Aggravated child abuse can be a first degree felony punishable up to 30 years in prison and up to $10,000 fine.
Child abuse will be charged if the prosecution can prove that a defendant intentionally inflicted mental or physical injuries, or committed an intentional act that could reasonably be expected to result on physical or mental injury, or actively encouraged another individual to commit these acts on a child under the age of 18. The offense of child abuse is a third degree felony punishable up to 5 years in prison and up to $5,000 fine. (The offense could be of a higher degree if more harm is proven)
Child neglect will be charged when the defendant willfully or by culpable negligence failed or omitted to provide care or supervision necessary to maintain a child’s health. The defendant must be a caregiver for the child, and once again the child must be under the age of 18. Examples of child neglect are leaving a very young child alone at home, ingesting cocaine or marijuana in front of children or failing to prevent a child from being harmed by another. Child neglect is a third degree felony punishable up to 5 years in prison and up to $5,000 fine.
Terms Defined – Injury or Harm
Definitions of Terms in Florida’s Child Abuse Statute
You might be wondering where in the child abuse statute that I cited above is the definition of physical injury. It is important to note that there is no definition of physical injury in that statute, and you have to jump over to the definition of ‘harm’ that is found in chapter 39 which has been incorporated by the Florida Courts to control this area of law (which happened due to the case King v State).
Statute § 39.01(37) defines harm exhaustively, including everything from exposing a child to sexual abuse to burning and lacerations. For a full list of all the potential causes and definitions of harm see here. Some of the more common allegations involve any of the following:
What this list doesn’t do, and what the law doesn’t eliminate, is the right of Florida parents to engage in reasonable corporal punishment, which is one of the most common defenses utilized in child abuse cases. Child abuse lawyer Matt Landsman is extremely well experienced using this defense pretrial and at trial, and can discuss the availability of this defense with you today.
Florida law recognizes a parent’s right to discipline children. In order to use the parental authority defense, a defendant must show that he or she is in fact the parent or custodian of the child and that the corporal punishment was reasonable and not excessive. What goes into determining reasonable corporal discipline can be many factors, including but not limited to: the age of the child, the manner of discipline, whether an object was used to strike the child, and whether injuries were sustained or marks left on the child, and what the cause of the discipline was. Whether or not this is accepted by the prosecution pretrial or whether this has to go before a jury is very case specific, but always know that of primary concern to the prosecution and the Court will be any prior instances of criminal history or parental misconduct.
What is a Mental Injury?
Florida statute defines a mental injury to a child as an injury to the “intellectual or psychological capacity of a child.” A mental injury is evidenced by a child’s inability to function as a normal child of age and experience. Evidence of mental injury is established by the evaluation of a licensed medical physician.
What is Neglect?
Neglect of a child is the failure to provide care, supervision, or services essential to a child’s physical and mental health. This includes providing food, shelter, medicine, and medical services. Neglect also includes the failure to make a reasonable effort to protect a child from abuse, neglect or exploitation by another person.
Wrongful Allegations of Child Abuse
If you believe you are the subject of false allegations of child abuse, a Child abuse lawyer or child neglect lawyer like Matt Landsman can present your concerns to the Department of Children and Family or State Attorney’s Office and start protecting you from wrongful allegations right away. Not only can this be helpful now, but it can protect you from wrongful allegations in the future. Many times these allegations are really the result of divorce, domestic disputes, domestic retaliation, or teenage rebellion, and getting them taken care of early can help end the chaos brought by those willing to make these allegations.
Defense of Reasonable Corporal Punishment
Florida law makes clear you have rights as a parent, and this is best articulated by the jury instructions on the subject of reasonable corporal punishment. For your convenience Child abuse lawyer Matt Landsman cites that provision here:
If you find that defendant proved (insert appropriate burden of persuasion) that [he] [she] was [a parent] [a person acting in place of a parent] of (victim) and that [he] [she] imposed reasonable physical discipline on (victim) for misbehavior under the circumstances, you should find [him] [her] not guilty.
If the defendant did not prove (insert appropriate burden of persuasion) that [he] [she] was [a parent] [a person acting in place of a parent] of (victim) or if you find that the defendant did not prove (insert appropriate burden of persuasion) that [he] [she] imposed reasonable physical discipline on (victim) for misbehavior under the circumstances, you should find [him] [her] guilty, if all the elements of the charge have been proven beyond a reasonable doubt.
Remember, if you are being investigated for child abuse or child neglect, never speak with detectives or any law enforcement outside the presence of a criminal lawyer. Any statements you make, can and will be used to build a case against you. No matter what you are charged with, neglect, abuse, or aggravated abuse, an experienced child abuse lawyer like Matt Landsman can help you challenge the case against you and fight to get your case not filed, dismissed pretrial, or found not guilty at trial. Call today for help.
Matt Landsman is Board Certified in Criminal Trial Law by the Florida Bar since 2016. Board certification is the highest level of evaluation and accreditation for lawyers by the Florida Bar and represents competency and experience within an area of law, as well as professionalism and ethics in practice. criminal defense attorney. Gainesville Child Abuse lawyer and Child Neglect lawyer Matt Landsman has the experience you need to help you or your loved ones through Domestic Violence related difficulties with expert advice for a child abuse and child neglect defense in Gainesville.
Crimes involving children are incredibly serious. Whether you’re facing child abuse, child neglect, or sexual assault of a child, contact Gainesville Domestic Violence Defense Lawyer Matt Landsman immediately.
Have you been accused of a Child Abuse crime in Gainesville or North Florida? Call or contact us online to schedule a free consultation in Gainesville Florida. Child Abuse lawyer and Child Neglect Lawyer Matt Landsman can help today.
