(813) 252-1529Child Abuse Lawyer in Tampa
Child Abuse Lawyer in Tampa Helping Clients Fight Charges
Because children are so important — and so completely vulnerable — it’s easy to report suspected child abuse in Florida. Unfortunately, it’s also easy to report a false or exaggerated child abuse claim.
Something as minor as a bruised knee spotted by a teacher, a neighbor, or another parent could send investigators from the Florida Department of Children and Families to your home. Your child could be taken from you, at least temporarily, on the basis of something you did not do. If you’re a parent in Florida, here’s what you need to know about child abuse and the law.
If you face a child abuse charge in the Tampa Bay area, you need knowledgeable legal help now. These accusations are very serious and can result in your child being removed from your home or even your parental rights being terminated. A Tampa child abuse defense attorney can explain how the law applies to your circumstances and start working on your behalf immediately to present a defense and do everything possible to maintain your relationship with your child. Call attorney Patrick B. Courtney, P.A., right away to get started.
How Does Florida Law Define Child Abuse?
One recurring problem with child abuse cases in Florida is the hazy line between legal parental discipline and unlawful child abuse. Parents generally have the right to discipline their children, but “old-school” methods like spanking are often viewed as inappropriate or excessive in today’s culture. While child abuse accusations are made, the court must decide whether the parent’s actions rise to the level of abuse or if they were acting within their rights to discipline their child.
Another problem is fabricated allegations, especially in divorce proceedings and child custody battles. No matter how acrimonious or contentious a divorce may be, it is important for the parents to avoid false abuse accusations and to make their child’s best interests their top priority. Doing so can cause serious harm to the parent-child relationship and undermine the child’s well-being and best interests, which should be at the forefront of any custody proceeding.
Unlike “passive” child neglect, abuse involves any threat or willful act that is the intentional infliction of harm on a child or is likely to impair a child or cause physical or mental injury. This includes physical abuse, mental abuse, sexual abuse, and emotional abuse. When the state can prove that a parent is abusive, that parent’s parental rights may be terminated by a Florida court.
It’s also possible to be charged with aggravated child abuse, which is a more serious crime. This charge applies when the allegations include aggravated battery against a child, torture, keeping the child in a cage, or willfully abusing a child in a way that results in “great bodily harm, permanent disability, or permanent disfigurement.”
What Defenses Can Be Offered Against a Child Abuse Charge?
How can you defend yourself and retain custody of your child after you’ve been accused of child abuse? Your attorney will develop a defense strategy that challenges the state’s evidence and casts doubt on the state’s case against you. These are the common defenses against child abuse.
Accidents
The truth is that children get injured. They may overestimate their physical abilities when climbing on the playground or fall off their bike and get hurt. A child may grab a hot pan or touch a stove before the parent can intervene, resulting in burns. If the child was injured in an accident or in other circumstances that do not constitute child abuse, the charges against the parent should be dropped. However, it’s not always easy to prove that the child was injured in an accident.
Fabricated Allegations
For a number of reasons, many parents are wrongly accused of child abuse. It’s not uncommon for parents in a custody battle to try to allege child abuse as a way to try to get full custody or limit the other parent’s visitation. An angry child or teenager may also allege abuse as a way to get back at a parent or caregiver or attempt to be removed from the home. If any of these apply to your situation, your attorney may be able to prove that the allegation against you is false.
Parental Right to Discipline
In some cases, child abuse allegations are brought about after someone witnesses the parent disciplining the child. For example, if a young child is acting up in the grocery store and the parent spanks them, another adult watching the incident may call and report it as child abuse. Parents in Florida have the right to discipline their children physically, but spanking or other physical discipline must not result in bodily injury or harm to the child. However, this can be a gray area, and whether the parent is charged with child abuse can vary greatly depending on the circumstances and the judge your case is assigned to. An attorney can help you understand how the parental right to discipline relates to child abuse charges and how to demonstrate to the court that no harm was caused to the child.
Keep in mind that this is not an exhaustive list. Depending on the details of a child abuse case, another defense strategy may be offered by your attorney.
What Are the Penalties for a Child Abuse Conviction in Tampa, FL?
The penalties for a conviction on a child abuse charge are severe. A first-time offender facing a third-degree felony child abuse charge could be sent to prison for up to fifteen years and fined up to $10,000. Second and subsequent child abuse convictions trigger even harsher penalties.
As mentioned previously, a parent who is convicted of child abuse could lose his or her parental rights. That parent could also be named in a restraining order or a permanent injunction that prohibits any contact with his or her child or children.
Criminal penalties are formal, legal penalties, but a child abuse conviction may also entail extra-legal penalties. If you hold a professional license, you can expect disciplinary action from your licensing board. If you are an immigrant, a child abuse conviction could trigger a deportation.
Your reputation, family, and friendships will be damaged. In some cases — and especially if you work with children — you might find yourself unemployed after a child abuse conviction, which means that you would be seeking work with a recent felony conviction on your record.
What Is a Tampa Defense Lawyer’s Role in a Child Abuse Case?
Working on your behalf, a criminal defense attorney with substantial experience handling child abuse cases may be able to help in one or more of the following ways.
Keep Criminal Charges From Being Filed Against You
If you have received a visit from the Department of Children and Families and believe you may be under investigation for child abuse, it’s important to speak to an attorney right away. Depending on the circumstances of the case, child abuse lawyers may be able to keep formal charges from being filed.
Negotiate for the Reduction or Dismissal of Any Pending Charges
Child abuse attorneys are experienced case evaluators and negotiators. They are able to look at your situation and advise whether it’s better to take a case to trial or to try to negotiate a plea deal for a reduced charge. If the case lacks evidence, it may be possible for an attorney to get the charges dismissed entirely.
Obtain a Not Guilty Verdict From a Jury If the Case Goes to Trial
If you are not able to get the charges dropped or negotiate a plea deal, the case will proceed to trial. A defense attorney represents you through this process, presenting evidence, questioning witnesses, and doing everything they can to get the jury to return a not guilty verdict.
What Rights Do You Have If You Are Accused of Child Abuse?
If you are charged with child abuse, it is vital to remember your legal rights. Exercise your right to remain silent. Insist on your right to an attorney. You are innocent of child abuse – or any other charge – until and unless the state can prove your guilt beyond a reasonable doubt.
Tampa criminal defense lawyer Patrick B. Courtney has more than 24 years of legal experience. He’s been a prosecutor, so he knows both sides of child abuse cases. He also knows how to prevail on a client’s behalf and bring a child abuse case to its best possible conclusion.
Pat Courtney represents clients who are accused of child abuse in Sarasota, Polk, Pasco, Hillsborough, Manatee, and Pinellas counties. Learn more by calling his law offices at (813) 252-1529 or by completing the brief contact form here on this website.
