Child Abuse in Florida
If accused of Child Abuse in Florida, you need to know the:
Definition of Child Abuse
The crime of Child Abuse can be committed in one of three ways:
- Intentional infliction of physical or mental injury upon a child;
- An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
- Active encouragement of any person to commit an act that results in, or could reasonably be expected to result in, physical or mental injury to a child.
A child is defined as any person under the age of 18.
Importantly, there is no requirement that the child abuse must be committed by a person in a parental or custodial relationship to the victim, thus what might constitute a misdemeanor battery if the victim was an adult, can instead be charged as felony Child Abuse at the prosecutor's discretion. [1]
Penalties for Child Abuse
The crime of Child Abuse is classified as a Third Degree Felony and is assigned a Level 6 offense severity ranking under Florida's Criminal Punishment Code.
If convicted of Child Abuse, a judge can impose any combination of the following penalties:
- Up to five (5) years in prison.
- Up to five (5) years of probation.
- Up to $5,000 in fines.
Defenses to Child Abuse
In addition to the pretrial and trial defenses that can be raised in any criminal case, a specific defense to the crime of Child Abuse is:
Parental Privilege
A parent or one standing in loco parentis (such as a teacher) had the right to reasonably discipline a child under his or her control and authority. However, if injuries more serious than minor bruising occur as a result of the discipline, the parental privilege does not apply. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Child Abuse in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
