Child Abuse Lawyer in Riverside, California

Understanding Child Abuse In California

The crime of child abuse is defined under California Penal Code § 273d. Under this statute, a person can be found guilty of child abuse if the prosecution can prove, beyond a reasonable doubt, that the defendant willfully inflicted cruel or inhuman physical punishment on a child and/or caused an injury to a child resulting in a traumatic condition.

There are four main categories of abuse: physical, emotional, sexual abuse, and neglect. Each has distinct characteristics and legal consequences.

Physical Abuse

Physical abuse involves any act that inflicts bodily harm on a child, including but not limited to hitting, shaking, or choking. Even if an injury appears minor, California courts may still pursue criminal charges, with penalties escalating based on the severity of the harm. Bruising, welting, and other visible injuries can result in misdemeanor charges, while more severe injuries, such as broken bones, can escalate the offense to a felony.

Emotional Abuse

Emotional abuse is challenging to define and prove. However, it is equally serious under California law. This form of abuse may include actions or words intended to demean, intimidate, or manipulate a child, causing psychological harm. While physical evidence may be absent, documented patterns of emotional abuse can support charges, leading to severe legal penalties.

Sexual Abuse

Sexual abuse is one of the gravest allegations, covering a range of inappropriate or exploitative actions, including direct physical contact or other forms of exploitation. Given the severe nature of these charges, convictions can lead to lengthy prison sentences, mandatory registration as a sex offender, and long-term restrictions on personal and professional life.

Neglect and Child Endangerment

California considers both neglect and child endangerment as forms of child abuse, subject to serious legal consequences. Neglect may involve not providing essential needs like food, clothing, and medical attention. Child endangerment consists of exposing a child to situations where their safety is at risk, such as leaving a young child unattended in a dangerous environment. These charges can range from misdemeanors to felonies, depending on the level of risk and potential harm involved.

Consequences of a Child Abuse Conviction

A conviction for child abuse in Riverside, California, can result in both criminal and civil penalties, including:

• Custody loss. Losing custody can be an immediate concern for those accused of child abuse. Courts prioritize child safety and may restrict or even remove your custody rights if you are convicted.
• Fines. Child abuse convictions can result in heavy fines and financial strain.
• Permanent Criminal Record. A conviction creates a lasting record that can impact future job prospects, housing, and professional licenses.

If the defendant is convicted of a misdemeanor, he or she can be sentenced to up to a year in county jail. If the crime involves injuries such as bruising, welting, lacerations, or internal injury, the crime may be prosecuted as a felony. A conviction of felony child abuse can cause the defendant to be sentenced to several years in state prison. In cases of severe injuries (such as broken bones or brain damage), an even longer sentence is possible.

Seeking legal counsel when facing child abuse charges is crucial to understanding potential consequences and defense options. A seasoned child abuse attorney can evaluate the evidence, build a defense strategy, negotiate with prosecutors, and advocate for you in court.

Take the Next Step in Your Defense

Facing a child abuse accusation is a daunting experience. It’s natural to feel overwhelmed, but our dedicated child abuse lawyer can help you understand your rights and develop a strong defense. Contact the Law Office of Gregory H. Comings, APC, today to discuss your case and your options. Our goal is to defend your rights, achieve the best possible result, and help you build a brighter future.

Frequently Asked Questions (FAQs)

What Should I Do If I’ve Been Falsely Accused of Child Abuse?

Stay calm and contact a qualified child abuse lawyer immediately. Refrain from speaking to the police without your lawyer present, as they can help you build a strategy to challenge these accusations effectively.

Can Child Abuse Charges Be Dropped?

Yes, charges may be dropped if there is insufficient evidence or it can be demonstrated that the allegations are unfounded. An attorney can work to uncover evidence that supports your case, which may lead to the prosecution dismissing charges.

What Types of Evidence Are Used in Child Abuse Cases?

Evidence often includes visible injuries, witness testimony, medical assessments, and professional evaluations.

Resources:

• The Child Abuse and Neglect Reporting Act (CANRA) link
• Definitions of Child Abuse and Neglect – California. Child Welfare Information Gateway, link
• Child Protective Services, California Department of Social Services, link