San Bernardino Child Abuse Attorney

Defending Californians who have been charged with child abuse in San Bernardino.

Being accused of child abuse is a confusing situation for everyone involved. Child abuse is defined as any type of cruelty inflicted on a child, such as mental abuse, physical abuse, sexual assault, exploitation or neglect. It’s common to be charged with other things as well. For instance, charges for physical child abuse often include assault and battery.

Millions of Children are Abused Each Year

Child abuse charges are extremely common. Every year, more than 3.6 million referrals are made to child protection agencies, involving more than 6.6 million children. Sadly, the United States has one of the worst records among industrialized nations. Our country loses between four and seven children daily to child abuse and neglect.

With so many child abuse cases, it’s possible for innocent people to be falsely accused and real offenders to go without charges. You’ve probably heard of cases where children are severely abused and neglected and yet legal action was never taken.

If you have been accused of child abuse, it’s important to retain the services of child abuse defense attorneys in San Bernardino. You do not want to lose your parental rights, incur legal fees and have to serve time in prison because of a misunderstanding or false accusation.

Understanding Child Abuse Laws in California

Under California Penal Code 273(d), child abuse refers to any physical, emotional or sexual abuse that is inflicted on a child by a parent or caregiver. It also refers to neglect and abandonment. To be convicted of child abuse, your actions must be intentional. The injury does not have to be serious, either. You could still be convicted of child abuse if you scratched or bruised a child if the prosecutor can prove that you intended to hurt the child.

Some of the most common actions that can bring about child abuse charges are:

• Hitting
• Kicking
• Choking
• Shaking
• Pushing
• Slapping
• Biting

There is a big difference between child abuse and discipline. The courts recognize that parents and caregivers can use reasonable discipline when a child is in their care, but they cannot hurt the child.

Being Charged and Sentenced for Child Abuse

To be found guilty of a child abuse conviction in San Bernardino, the prosecutor must prove that you willfully inflicted cruel or inhuman physical punishment and injury on a minor child and that the punishment or injury caused a traumatic condition. Also, when you did commit the abuse, you were outside the reasonable limits of discipline.

So, if your child ran out into the parking lot and you grabbed and spanked him (not excessively) and he suffered a small bruise in the process, this would not be considered abuse. However, if you grabbed your child and excessively hit and slapped him to teach him a lesson, this could be considered abuse.

The penalties associated with child abuse cases vary widely based on the type of abuse and the injuries sustained by the victim. If you are charged with a misdemeanor under Penal Code 273(d), you may receive one year in a county jail and a fine of up to $6,000.

If charged with a felony, you can face two, four or six years in jail and a fine of up to $6,000. If you already have a child abuse conviction on your record that occurred within the past 10 years, an additional four years may need to be served.

Probation May be an Alternative to Jail Time

In some child abuse cases, a judge may suggest probation instead of jail time. With a misdemeanor probation or felony probation, you might have to serve a probation period of three years, a protective order that prohibits additional violence to the child and successful completion of a child abuser treatment program for one year. The judge may also randomly drug test you during your probation period if you committed the abuse while under the influence.

What are the Legal Defenses for Child Abuse?

To successfully fight your case, our child abuse defense attorneys in San Bernardino need a legal defense that supports your intentions or innocence. Common legal defenses include:

• The allegations are false. Sometimes, child abuse allegations are made up to get a person in trouble. This sometimes happens in divorce cases where both parents are fighting for custody.
• The minor’s injuries were caused by something else. Maybe a child did suffer injuries while in your care, such as scratches or bruises. However, if they did not occur as a result of abuse, the charges can be dropped.
• You were in your legal rights of disciplining the child. Spanking is not considered child abuse in California, providing that it is used for disciplinary purposes and is not excessive. In this case, you cannot be charged with abuse.
• The child was injured in an accident. If there was an accident, such as a child falling off a bike and breaking his arm, you cannot be charged with child abuse. The injuries occurred from an accident, not abuse.

Additional Charges Common in Child Abuse Cases

When being charged with child abuse under PC 273(d), it’s common for other charges to be included as well. Related offenses include Penal Code 273(a), California’s child endangerment law, and Penal Code 270, California’s child neglect law. Even if you are not charged with child abuse because your actions were not intentional, you could still be charged with child neglect or endangerment if you put the child in harm’s way.

If you have been accused of child abuse, do not wait to hire a criminal defense lawyer. Our child abuse defense attorneys in San Bernardino will listen to the details of your case and determine the best legal defense. It’s also important that we know of any past convictions, as this can affect the outcome of your case.

To keep your family together and avoid costly legal fines, jail time and lost child custody, call the Law Offices of David S. Chesley today. Your consultation is free and confidential.