While child abuse laws aim to protect children, the justice system is set up to vindicate those who are wrongfully accused. Below are some of the most common (and some not so common) defenses that a person may assert on a child abuse charge:
A common defense to child abuse charges is to say you didn't do it. False accusations of child abuse are more common than most people think, especially in dysfunctional families or between parents who are involved in a difficult child custody battle. Although sometimes difficult to prove, the best strategy to defend false child abuse charges is to aggressively counter-attack allegations and show proof of the lie or similar wrongful conduct by the accuser.
Most state child abuse laws do not punish accidents, unless the accident was a result of recklessness or gross carelessness. Examples of true accidents may include pushing your child on a bike and causing him to fall and scrape his knees or unknowingly slamming your toddler's hand in the door. When a child's injuries are a result of an accident, a person may raise this as a defense against child abuse charges but courts are split as to whether to prosecute parents who accidently cause harm to a child when acting with negligence (such as leaving a sleeping baby in a car alone on a hot day).
Parents are generally free to discipline their children in any manner they choose, so long as the discipline is reasonable and causes no bodily injury. The question of how a parent disciplines a child (such as through spanking or threat of spanking), however, is often the subject of many child abuse cases. In certain circumstances, a parent, or one standing in "loco parentis "(such as a teacher), can raise the defense of "parental privilege" and claim that they had the right to reasonably discipline a child under their authority. However, if a child's injuries are more serious than minor bruising as a result of the discipline, the parental privilege may not apply.
Even though it's hard to grasp the thought of a child dying from an easily treatable illness, parents may claim an exemption to child abuse for religious reasons when a child dies because of a parent's failure to seek medical care for their sick child. Although controversial, this religious exemption is a defense in all but a handful of states, and allows parents to escape charges of child abuse if they choose to pray for their sick children rather than take them to a doctor.
Orange County Criminal Defense Attorney
Serving Orange County, CA since 1978
Andrew Lloyd is one of the best criminal defense attorney 's in Orange County, Ca to defend your rights against California child abuse charges. If you have been accused of abusing or neglecting your child or children, this is a serious and difficult problem. Defending yourself against a child abuse charge can be challenging especially if it involves the confession of a child. Combine that with the society's stigma of child abusers and it may feel hopeless to overcome the challenge of a child abuse allegation. If you are charged with child abuse - whether physical, emotional, or sexual - a criminal defense lawyer who specializes in this area of law can devise a strong defense plan and properly challenge the prosecutor's case. Like other crimes, a person charged with child abuse has the same rights as defendants of other crimes, including the right to defend themselves against a criminal charge.
You can be assured that the child abuse defense lawyer Andrew Lloyd is respectful of your needs, compassionate and is committed to fighting for your rights. The embarrassment, humiliation and shame that accompany these charges can be overwhelming. Your entire reputation can be destroyed by a false accusation of child abuse. On top of the damage to your personal life, your child will likely be taken from your care. It is crucial that you contact defense attorney, Andrew Lloyd as quickly as possible if you have been accused of child abuse.