Child Abuse in Florida
Wednesday, February 25, 2015
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There are very few criminal allegations that invoke more emotion and snap judgments than child abuse. Not only is this an aggressively prosecuted hot-button political issue, there are even laws on the books that penalize individuals for NOT reporting observations of child abuse.
With this hostile environment for those accused of abusing a child, having a strong comprehension of state laws along with an active dialogue and collaboration with a qualified criminal defense attorney should give you the greatest opportunity for fighting these charges successfully and moving on with your life.
Child abuse can be charged if there is reason to suspect that there has been abandonment, abuse, harm, mental injury, neglect, physical injury or sexual abuse of a child.
More specifically, according to Fla. Stat. §827.03, child abuse is committed when an individual knowingly, willingly, or intentionally:
Inflicted physical or mental injury upon a victim under the age of 18;
Committed an intentional act that could reasonably be expected to result in physical or mental injury to the victim;
Actively encouraged another person to commit an act that resulted in, or could reasonably have been expected to result in, physical or mental injury to the victim.
An individual can be charged with aggravated child abuse if they:
Commit aggravated battery on a child;
Willfully torture, maliciously punish, or willfully or unlawfully cage a child; or
Knowingly or willfully abuse a child, and in doing so, cause great bodily harm, permanent disability, or permanent disfigurement of the child.
As for the definitions of particular wording in this law, physical injury means death, permanent or temporary disfigurement, or impairment of any bodily part. Some particular examples stated in Florida law include:
Sprains, dislocations, or cartilage damage;
Bone or skull fractures;
Brain or spinal cord damage;
Intracranial hemorrhage or injury to other internal organs;
Asphyxiation, suffocation, or drowning;
Injury resulting from the use of a deadly weapon;
Burns or scalding;
Cuts, lacerations, punctures, or bites;
Permanent or temporary disfigurement; or
Permanent or temporary loss or impairment of a body part or function.
With this hostile environment for those accused of abusing a child, having a strong comprehension of state laws along with an active dialogue and collaboration with a qualified criminal defense attorney should give you the greatest opportunity for fighting these charges successfully and moving on with your life.
Child abuse can be charged if there is reason to suspect that there has been abandonment, abuse, harm, mental injury, neglect, physical injury or sexual abuse of a child.
More specifically, according to Fla. Stat. §827.03, child abuse is committed when an individual knowingly, willingly, or intentionally:
Inflicted physical or mental injury upon a victim under the age of 18;
Committed an intentional act that could reasonably be expected to result in physical or mental injury to the victim;
Actively encouraged another person to commit an act that resulted in, or could reasonably have been expected to result in, physical or mental injury to the victim.
An individual can be charged with aggravated child abuse if they:
Commit aggravated battery on a child;
Willfully torture, maliciously punish, or willfully or unlawfully cage a child; or
Knowingly or willfully abuse a child, and in doing so, cause great bodily harm, permanent disability, or permanent disfigurement of the child.
As for the definitions of particular wording in this law, physical injury means death, permanent or temporary disfigurement, or impairment of any bodily part. Some particular examples stated in Florida law include:
Sprains, dislocations, or cartilage damage;
Bone or skull fractures;
Brain or spinal cord damage;
Intracranial hemorrhage or injury to other internal organs;
Asphyxiation, suffocation, or drowning;
Injury resulting from the use of a deadly weapon;
Burns or scalding;
Cuts, lacerations, punctures, or bites;
Permanent or temporary disfigurement; or
Permanent or temporary loss or impairment of a body part or function.
Mental injury, on the other hand, means injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior.
Abandonment is a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the child.
Neglect is means that the parent or other person responsible for the child's welfare fails to supply the child with adequate food, clothing, shelter, or health care, although financially able to do so or although offered financial or other means to do so.
Abandonment is a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver makes no provision for the child's support and has failed to establish or maintain a substantial and positive relationship with the child.
Neglect is means that the parent or other person responsible for the child's welfare fails to supply the child with adequate food, clothing, shelter, or health care, although financially able to do so or although offered financial or other means to do so.
Penalties for Child Abuse in Florida
Fla. Stat. §827.03 outlines the potential sentencing for those convicted of child abuse in the state of Florida. If an individual knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement commits a Felony of the Third Degree. This charge comes with a presumptive sentence of up to five years in prison and / or fines of up to $5,000.
If an individual who willfully or by culpable negligence neglects a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a Felony of the Second Degree. This charge is punishable by up to 15 years in prison and / or fines of up to $10,000.
An aggravated child abuse charge is considered a Felony of the First Degree and will come with a presumptive sentence of up to 30 years in prison and / or up to $10,000 in fines.
Child abuse allegations have the potential to ruin lives. Understanding the laws and penalties involved in the child abuse criminal process should allow you to effectively approach the situation in the most informed manner possible.
Fla. Stat. §827.03 outlines the potential sentencing for those convicted of child abuse in the state of Florida. If an individual knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement commits a Felony of the Third Degree. This charge comes with a presumptive sentence of up to five years in prison and / or fines of up to $5,000.
If an individual who willfully or by culpable negligence neglects a child and in doing so causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a Felony of the Second Degree. This charge is punishable by up to 15 years in prison and / or fines of up to $10,000.
An aggravated child abuse charge is considered a Felony of the First Degree and will come with a presumptive sentence of up to 30 years in prison and / or up to $10,000 in fines.
Child abuse allegations have the potential to ruin lives. Understanding the laws and penalties involved in the child abuse criminal process should allow you to effectively approach the situation in the most informed manner possible.
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