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Criminal Defense Lawyer in Orlando, FL

Child Abuse Lawyer

Child abuse is a highly prosecuted offense in Florida aimed at safeguarding children from significant harm. However, numerous allegations of child abuse are unfounded or overstated, leading to wrongful accusations. Conviction for child abuse can lead to severe penalties, including imprisonment, costly fines, and loss of child custody. If you are under investigation by law enforcement or the Department of Children and Families (DCF) for child abuse, seeking immediate legal representation from a criminal defense lawyer is critical to safeguarding your future.


Florida Definition of Child Abuse


Florida Statute 827.03 defines child abuse as: 


  1. The intentional infliction of physical or mental injury upon a child; 
  2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 
  3. Active encouragement of any person to act that results or could reasonably be expected to result in physical or mental injury to a child. 


It's essential to understand that Florida's child abuse laws don't necessarily require the parent or custodian of the victim to commit the offense. The laws are written broadly enough to encompass various intentional acts that cause harm to a child, either mentally or physically. Proving mental abuse, particularly in younger children, can be challenging as it takes different forms. Driving under the influence with a child in the vehicle is another instance of intentional action that can lead to child abuse charges. It's a common misconception that such an offense only leads to DUI charges; the individual is also endangering the child and may face child abuse charges. 


School officials often detect signs of child abuse, such as frequent unexplained bruises or injuries. Many school officials are mandated reporters, meaning they're legally required to report any abuse they observe.


Penalties of a Child Abuse Conviction 


In Florida, committing child abuse is considered a third-degree felony, which carries a maximum penalty of five years in prison, five years of probation, and a fine of up to $5,000. The punishment may be more severe if the abuse is frequent or if the child suffers severe harm. Apart from the criminal charges, you may also face an investigation, separation from your child, and mandatory parenting classes.


Furthermore, there are legal consequences for failing to report child abuse in Florida. Every person is required to report child abuse, but mandatory reporters must disclose their identity when they make a report. Failing to report child abuse is also a third-degree felony with a maximum penalty of five years in prison and costly fines. You can report child abuse through various means, including calling 911, contacting the Florida Abuse Hotline, or submitting an online report to the Department of Children and Families.


Defenses Against Child Abuse 


A skilled attorney will carefully investigate the details of your case to either have the charges dismissed or mitigated. There are several defenses that can be used against child abuse allegations, including false accusations, the parental right to discipline, lack of intent to cause harm, accidental harm, and insufficient evidence. However, determining the most effective defense strategy for your case requires a thorough analysis of the specific circumstances involved. Therefore, it is recommended that you consult with a child abuse lawyer before deciding on a particular defense strategy.


Defending Your Future with Hanlon Law


If you are facing allegations of child abuse, it is crucial to seek the assistance of a criminal defense attorney right away to safeguard your future. At Hanlon Law, our lawyers will launch an aggressive defense on your behalf. Drawing on our extensive experience with the Kissimmee court system and prosecutors, we will thoroughly investigate the circumstances surrounding your arrest, evaluate the state's evidence against you, and consider all factors that may lead to the dismissal of your charges or acquittal.


If you are facing child abuse charges in Kissimmee, Florida, contact the attorneys at Hanlon today.

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