Child Abuse
ORANGE COUNTY CHILD ABUSE DEFENSE ATTORNEY
If you or somebody you know has been arrested for child abuse this is a very serious crime and you shouldn’t waste anytime getting an experienced Orange County child abuse defense attorney or an Orange County domestic violence attorney by your side.
Aside from facing time in jail or prison, the charge of child abuse can create other issues in your life. The social services can get involved and take your children away from you to protect them; domestic violence restraining order can be filed quickly against you to protect the children and other family members. The charge of child abuse can greatly affect your reputation for years to come, which is why you must call the Orange County child abuse defense lawyers at the Law Offices of Michael L. Guisti right now.
Our Orange County Child Abuse Attorneys have successful track record in child abuse and domestic violence matters. We defended clients in Irvine, Newport Beach, Santa Ana, Westminster, Fullerton, Huntington Beach, Costa Mesa,Tustin and many other cities in Orange County and Los Angeles County.
The Crime of Child Abuse
Under Penal Code (PC) 273d child abuse is the corporal injury or punishment on a child. While they’re other crimes concerning the abuse of children, such as sexual abuse and emotional abuse, this law, (PC) 273d, deals specifically deals with the physical abuse of a child.
Understand that PC 273d defines child abuse as the willful infliction of a cruel or inhuman corporal punishment or any injury that results in a "traumatic condition".
As an Irvine Domestic Violence Defense Attorney explains that it’s very important to understand that the victim doesn’t have to sustain great bodily injury for you to be charged with child abuse. Be aware even a very minor, superficial injury can bring about child abuse charges.
Proving you Committed Child Abuse
The prosecution must show you willfully inflicted cruel or inhuman physical punishment or an injury on a child, and the infliction of the injury resulted in a traumatic condition.
Under PC 273d what qualifies as a “traumatic condition” is not really that clear, however a scratch or other very minor injury qualifies as a “traumatic condition.”
This is why you must contact an experienced Orange County child abuse defense lawyer or an Orange County domestic violence attorney right away, because before the case goes to trial we can work with the Orange County District Attorney to possibly reduce charges against you, or possibly dismiss your case if we can show there really wasn’t a “traumatic condition.”
Prior Acts of Child Abuse and/or Domestic Violence May be Used Against You
The Irvine Domestic Violence Attorney at the Law Offices of Michael Guisti stresses that the above point is very important, while the law doesn’t allow any evidence from a prior case to be used against you in court as to prejudice the jury, in cases of child abuse past child abuse and domestic violence criminal cases may be used in this child abuse case against, even if you weren’t convicted.
It’s very important to understand the in the prior case it doesn’t even have to be the same victim or circumstances as this current case against you.
Basically the reason this is allowed is in the name of protecting children and victims of domestic violence by showing the suspect is predisposed to violence. The Irvine criminal attorney explains.
This is why you must contact and set up an appointment with an experienced Orange County criminal lawyer so we can immediately work to have any prior allegations thrown out of this new case. The Orange County child abuse defense lawyers know and understand certain “loopholes” in the law and are very effective in having previous child abuse and domestic violence cases thrown out of court.
Other Possible Charges
Depending on the circumstances of your case you could face other possible charges, such as domestic violence, PC 242 battery and PC273a child endangerment. The Orange County criminal defense attorneys have dealt with cases where the DA brings multiple criminal charges, only to convince the judge to dismiss them.
Defending the Charge of Child Abuse
While being accused of child abuse is a very serious charge and seemingly everybody is against you, our Orange County child abuse lawyers have successful won cases of child abuse with a defense.
Wrongly Accused
There have been MANY cases where a child abuse suspect has been falsely accused, a Newport Beach criminal attorney at the Law Offices of Michael Guisti says. In many of these cases either the child is seeking some kind of revenge, or a parent puts the child up to make these accusations to “get back” at the other parent. They’ve even been cases will the child will inflict injury on themselves or a parent will aid in making the child appear they have an injury as to convince police the suspect really committed this crime.
Through our investigators our Orange County domestic violence lawyers can show the deficiencies and holes of the alleged victim’s story.
The Injury was Caused by Something Else
Children will be children and sometimes play a little rough with other kinds on the playground or accidentally do something to injure themselves at home. There have been other cases where the parent is playing with the child and accidentally injures the child. When the child goes to school the next day the teacher is legally obligated to report an injury that looks like child abuse, and if the child, unknown to him/her the word they use, says the injury was obtained by the parent doing something then an investigation begins.
As long as you didn’t harm your child you’re not guilty of child abuse, as a Santa Ana Domestic Violence Attorney at the Law Offices of Michael Guisti says. Once you have an experienced Orange County child abuse attorney on your side we can sort everything out and explain and show authorities this was a mistake and legitimate accident.
Spanking a Child
You do have the right to discipline your child as spanking to discipline a child isn’t child abuse under California law, unless it becomes unreasonable or excessive. Many times a child just may not be too happy with the discipline he/she received and may get information from friends or the internet to “get back” at their parents by calling police. Other times a neighbor, or somebody passing by, may witness you reasonable disciplining your child and wants to be “the hero” by turning you into police.
If the punishment wasn’t unreasonable or excessive you cannot be guilty of this crime.
The bottom line is if you didn’t intentionally mean to harm your child you cannot be guilty of this crime.
If Convicted
According to a Westminster Domestic Violence Attorney at the Law Offices of Michael Guisti that Child abuse is a “wobbler,” which means it can be prosecuted either as a misdemeanor or felony, and that depends on the details of your case and your criminal history.
Misdemeanor Child Abuse
If convicted of misdemeanor child abuse you face up to one-year in Orange County jail and a $6,000 fine.
Felony Child Abuse
If convicted of felony child abuse in addition to the $6,000 fine you face between two to six years in a California State Prison.
Be advised they’re other punishments you could face, and it’s best to consult with your Orange County child abuse lawyer.
Call our Orange County Child Abuse Defense Now!
This is an extraordinary serious charge you’re facing that not only can send you to prison, but carries a serve social stigma, and this is why you must call the Orange County child abuse attorney specialists at the Law Offices of Michael L. Guisti right now at 888-478-8999 so we can keep you out of jail and keep your reputation clean.
Call the Orange County Law Offices of Michael L. Guisti now for your own piece of mind.
