SAN DIEGO CHILD ABUSE DEFENSE LAWYER
Protecting Parents from Accusations
A child abuse criminal charge can be devastating for a parent or caretaker, and all it takes is one simple statement taken out of context to start a snowball reaction that leads to a criminal charge. While legitimate child abuse is a very serious offense and should be handled properly, many child abuse charges are unfounded.
If you are currently facing child abuse allegations and want to take every possible step to safeguard your rights, you might be wondering where to turn for answers. Even if the court does not find you guilty of the charges, enduring a child abuse case can impact your reputation, damage relationships and put your job on the line. Those who receive convictions will face many more problems that will make their lives more challenging than ever.
If a bystander calls Child Protective Services, you could be at risk of losing custody of your child and facing criminal charges for what someone you may have never met thinks you did. Many allegations of child abuse are investigated and determined to be false later on, leaving heartbroken parents and childcare workers picking up the pieces after everything is said and done.
In addition to losing custody of children, you might spend a lot of time behind bars, and you will need to learn about child abuse cases and how to protect yourself if you want to build a solid defense. At The Law Office of George Gedulin, our San Diego child abuse lawyers understand that child abuse is not always as straightforward as people think. Each case requires a careful look at the details, and many claims may not have any basis in fact whatsoever.
CHILD ABUSE CHARGES: Types of Abuse
Child abuse is an encompassing term that includes many categories of abuse. Emotion, physical, and sexual abuse are all considered criminal under California law but are more likely to fall under child endangerment charges instead of child abuse if there is no injury present. Negligence during supervision is also a criminal offense of child endangerment.
Any sexual or physical activity that causes physical or emotional trauma is often considered child abuse and may be punishable by imprisonment, fines, and registration as a sex offender. If you do not understand the charges that have been brought against you, our firm can help you understand exactly what you are facing so you can make informed decisions regarding your case.
Learning about physical abuse is a smart move when your goal is to avoid going to jail. If someone has accused you of causing bodily harm to a child, then the court could convict you of this crime before you know it. Violations can include punching, kicking or slapping a child, and investigators will look for signs of abuse to build a case against you.
Marks, cuts, and other injuries can act as red flags that will put you under the spotlight during an abuse case. The courts will even consider whether the child is dehydrated or malnourished when deciding what course of action to take.
When most people think of child abuse, they picture someone hitting a child in a way that causes visible damage. However, child abuse can also include inflicting emotional damage that can have a lasting impact on a child. For example, a parent who consistently tells a child that he is worthless can face legal trouble, but emotional abuse also includes intimidation. If someone threatens to use violence against a child for any reason, then that person can be charged with emotional abuse.
Of all the abuse allegations that you could face, sexual abuse charges are the ones you will want to avoid the most. If the court finds someone guilty of this crime, then that person will spend time behind bars and need to register as a sex offender. Since children are not able to consent to sexual activities, any sexual contact is enough to trigger a criminal case that could damage your reputation forever.
Most people who find themselves in this situation don’t know how to proceed, and they often make mistakes along the way. Having a dependable lawyer on your side is the best way to protect yourself from allegations of sexual abuse and child molestation.
Exposure to Violence
The court does not even need to believe that you have harmed a child to charge you with child abuse. If you are facing domestic violence charges and your child was home when the charges were filed, the legal system could charge you with exposing a child to violence. If you are facing assault charges, the court will likely catch you off guard by adding child abuse allegations to the mix, making a stressful situation even worse. Understanding all the crimes with which the legal system could charge you is a vital step that you can’t afford to overlook.
- Child Endangerment CA PC273a: Separate from charges related to sexual abuse is the category of physical and mental harm of children. CA PC 273 lists many felony and misdemeanor child abuse laws that cover a variety of scenarios. CA PC 273a (a) is often defined as child endangerment. The prosecutor’s office sometimes charges this as a felony for willfully permitting child cruelty. This may include a driver being arrested for a DUI with a young child riding in the back seat. A situation where the child could have suffered serious bodily injury or where a child had physical or mental suffering fits the penal code. This law is concerned not only with actual harm done but the potential that a child may have been seriously injured or killed. Punishment for this crime if convicted can be as high as six years in state prison.
- CA PC 273a (b) is a misdemeanor child abuse offense. The crime involved is any situation that does NOT involve the possibility of serious harm or death to a child. However, placing a child in needless suffering or physical harm is still a misdemeanor offense.
- CA PC 273d is the crime of causing a severe injury to a child by cruel or inhuman punishment. If the actions of a parent or any person causes the child to suffer a traumatic condition they can be convicted of felony child abuse and cruelty.
COMMON DEFENSES TO CHILD ABUSE ALLEGATIONS
Children deserve protection from abuse and a safe environment to grow and thrive. When someone falsely or erroneously accuses another person of child abuse, it affects more than just the accused. False accusations leave lasting marks on the accused’s reputation, and the court system will almost always lean in favor of the child. Defending against a child abuse charge is extremely difficult and will require the services of a knowledgeable, experienced San Diego child abuse attorney.
False charges also hinder the justice system from pursuing real offenders. False accusations claimed out of spite, misinformation, misinterpretation of events, or any other similar situations distract police and other judicial entities away from real child abuse incidents. If someone makes an entirely false claim against you, it’s imperative that you build a solid case and hold him or her accountable for lying. In some cases, the child in question may be facing abuse from another person, yet you’re the one charged. It’s important to build your defense to both clear your name and hold the guilty party responsible.
How Erroneous Child Abuse Accusations Arise
Children, angry cohabitants, or exes may contrive child abuse stories to inflict pain on someone. Many may not understand the gravity of what they are accusing, and the law tends to err on the side of the accuser when it comes to child abuse and child endangerment cases. Still other cases could be precipitated by a school teacher or nurse who notices an injury on a child. Each child abuse case is different and may require a different focus to build a defense.
If you have been charged with child abuse, a proactive approach to your situation may be the best way to move forward. Our San Diego child abuse attorneys at The Law Office of George Gedulin have extensive experience handling child abuse defense cases and can help you determine the best course of action if you are being targeted by a vindictive ex or have been mistakenly accused.
- Accidents: Kids like to explore, and some play rough. Occasional cuts and scrapes are part of growing up, and accidents happen. Even if you personally injured a child by accident, if you can prove it was an honest mistake, you should have a solid defense if someone else files charges against you. The only time an accident would lead to your liability for the child’s injuries would be if the accident happened due to negligence. Lax supervision, dangerous elements in the child’s environment, or allowing dangerous people near the child or to supervise the child could lead to a negligence charge – or even child endangerment charges.
- Discipline: Parents have the right to discipline their children how they see fit, if the disciplinary measures caused no bodily injury. A spanking may result in mild bruising, and the courts generally don’t consider this serious harm. Any injuries beyond mild, reasonably expected bruising from a spanking will more than likely result in the court declaring parental privilege for discipline inapplicable in the case.
- Religious Exemptions: It may be difficult for some people to accept, but many parents cite religious beliefs as cause to avoid medical treatment for their children – even easily treatable illnesses. There have been many news stories in recent years about kids dying due to their parents’ refusal to seek medical treatment, and although controversial, religious exemption is a viable defense in some states.
- Munchausen Syndrome by Proxy: Munchausen Syndrome by Proxy (MSBP) is a mental health condition that spurs some individuals to lie about their child’s health in order to garner sympathy and attention from others. This defense isn’t cited often and will require documentation from a medical or psychological professional to hold up in court.
CONSEQUENCES OF CHILD ENDANGERMENT CONVICTION
Unfortunately, most people who are charged with child abuse or child endangerment are the parent or guardian of the child. Even an arrest for child abuse will result in a criminal protective order being issued. CPS will begin their own investigation separate from the police.
The family court may later issue its own restraining orders which deny a parent the right to visit with their child. These all can occur long before the criminal case is resolved or goes to trial.
Why Child Abuse Cases are Difficult: Many cases of child abuse depend on hearsay. Unfortunately, hearsay is not accurate very often. If you have ever played the game “telephone” where you whisper a phrase down a line of people, you know how easy it is for simple phrases to be misconstrued. Many child abuse cases are no different. Cases may come down to proving the credibility of witnesses and the defendant during the case. Unless there is physical evidence of trauma that can be directly tied back to the defendant, a child abuse conviction may be at the discretion of who the jury found more believable.
Protecting Yourself: When you are ready to protect yourself from allegations of child abuse, learning where the accusations originated is a good place to start. In many cases, former spouses will make false claims to prevent the other parent from getting custody of a child. But people have also lied in court to get back at a former partner for a perceived injustice. No matter the source of the allegations, you will want to start keeping records of everything that is relevant to your case.
If you are contacted by Child Protective Services, remain calm, deny the charges and try to cooperate. Caseworkers that can substantiate a child abuse claim will turn the case over to local law enforcement, and the way that you respond to this problem is critical. You don’t want to speak with the police or answer any questions without a lawyer by your side to defend your rights.
A Legal Team You Can Trust
If you want the help of a legal team that won’t let you down, you have come to the right place. Our firm has seen the court process in child abuse cases repeatedly. We know the best way to approach these unique situations, we know the court systems, and we know the key players in our area. If you are being investigated for child abuse or facing charges, contact our office as soon as possible. As soon as you contact our San Diego child abuse attorneys, we will look at your case and decide what path makes the most sense for you. We also offer Russian-speaking defense services to native speakers in the local community - call now!
16 Counts, Unlawful Sexual Intercourse with a Minor Sentence Reduced, All Other Charges Dropped
Client charged with multiple sexual assault offenses, facing 16 years in prison. Convicted of One Count of Sex with a Minor, 2 years Jail, All other charges dismissed.
24 Count, Insurance Fraud Conspiracy, Grand Theft in excess of $250,000 Reduced Sentence, Other Charges Dropped
Client charged as head of conspiracy to present false claims to insurance companies, losses over $250,000. Client facing 22 years in State Prison. Convicted of two counts of insurance fraud, sentenced to 2 years in jail, remaining charges dismissed.
Assault with semi-automatic Firearm, Criminal Threat, Domestic Violence Dismissed Charges
Charges exposed client to 8 years in State Prison and two serious strike felonies. Court dismisses all gun related charges at preliminary hearing, client pleads to domestic violence charge only, no custody.
Felony Domestic Violence Arrest All criminal charges dismissed
After arrest, defense investigation reveals that spouse was aggressor and caused harm to client, all criminal charges dismissed.
Felony Gun Possession, Felony Child Abuse Charges Dismissed
Client charged with felony gun possession and endangering life of a child being in illegal possession of loaded weapons in the home. Potential 6 year Prison sentence. Child endangerment charges dismissed, NO Custody.
Possession of 5KG of Methamphetamine while Armed with Loaded Gun Probation and Other Charges Dismissed.
Client facing 4 counts of possessing large quantity of Methamphetamine for sale and a loaded gun with no serial number. District Attorney offer of 6 years in State Prison. Ultimate resolution was a plea to gun possession only, probation and credit for time served with no additional jail time. All other charges dismissed.
Restraining Order, Accusations of Sexual Assault Case Dismissed
Defense Victory at trial for restraining order, Judge dismissed complaint against client, finding victims allegations and testimony not-credible.
Shoplifting from Naval Commissary Case Dismissed
Case Dismissed, record sealed in Federal Court
Welfare Fraud No Custody, Case Dismissed Following Probation
6 Counts of Fraud by Misrepresentation and Perjury. Possible 4 year prison sentence maximum. Defense negotiated with prosecution for Diversion Program.
Marijuana Possession for Sale/Transportation Plea to Simple Possession, Probation and Fines,
½ pound of Marijuana, $5,000, baggies, scales and Marijuana storage paraphernalia, potential 4 years in jail, Defense argued insufficient evidence to prove sales of Marijuana or Drug Trafficking and filed motion to return all seized property.