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Last Updated on: 18th October 2023, 09:01 am
Dealing with accusations of child abuse can be incredibly stressful and frightening for families. As a parent, you want to protect your child, but you also need to protect yourself. That’s why it’s so important to have an experienced Brooklyn child abuse lawyer on your side if you find yourself in this situation.
In this article, we’ll walk you through everything you need to know about child abuse allegations and the legal process in Brooklyn. We’ll explain what constitutes abuse, typical penalties if convicted, possible defenses, and how an attorney can help. We know this is a sensitive topic, so we’ll try to break it down in an empathetic, easy-to-understand way.
There are a few main categories of child abuse under New York law:
Abuse can occur within the family, such as by a parent, sibling, or other relative. But it can also be caused by teachers, coaches, babysitters, or other caretakers of children.
Child protective services (CPS) or the police usually investigate reports of abuse in Brooklyn. They may interview the child, parents, and other witnesses. If they feel abuse has occurred, they will make a report to the Brooklyn District Attorney’s office, which handles prosecution.
Like most crimes, the penalties for child abuse depend on the specific circumstances and charges. Some potential penalties include:
In addition to jail time, those convicted often face fines, probation, and having to register as sex offenders. They may also lose custody or visitation rights with their children.
Being accused of harming your child is devastating. But experienced Brooklyn child abuse attorneys know there are often flaws in these cases that can be used to mount a strong defense. Some common defenses include:
An attorney can also scrutinize the prosecution’s evidence and testimony, looking for inconsistencies or procedures not properly followed. Getting charges dismissed before trial is often the best outcome.
Trying to navigate the legal system alone after abuse allegations can be overwhelming. An experienced attorney knows how to handle these sensitive cases and defend your rights. Benefits of hiring a lawyer include:
In addition, Brooklyn child abuse lawyers are compassionate advocates. They know accusations like this turn families’ lives upside down. They work closely with clients to develop legal strategies while providing emotional support during the stress of investigations and court cases. Their experience with CPS and protecting parents’ rights is invaluable.
If you need an attorney to defend against child abuse allegations in Brooklyn, here are some tips for finding the right one:
The lawyers at My Firm have successfully defended parents just like you against abuse charges. Call us today for a free consultation. During this difficult time, you need an advocate you can trust.
Many child abuse cases in Brooklyn resolve through plea bargains or dismissals. But sometimes they do go to trial. Here’s a quick overview of the trial process:
An experienced trial lawyer can poke holes in the prosecutor’s case while presenting persuasive arguments for your innocence. But avoiding trial through plea deals or dismissals is usually the top goal.
Many parents can’t afford a private attorney after abuse allegations. Fortunately, there are options for getting help:
Don’t let the cost deter you from seeking skilled legal defense. This can have life-long consequences, so it’s critical to protect yourself and your family.
A visit from Child Protective Services can be scary and upsetting for parents. Here are tips if CPS comes to your home in Brooklyn:
With an attorney’s guidance, you can get through the CPS investigation and advocate for your family. Don’t go through it alone.
If convicted of child abuse, jail time is possible but not always mandatory in Brooklyn. Some alternative penalties may include:
Judges have some discretion based on the circumstances of each case. An attorney may argue for alternatives to incarceration on your behalf.
Many parents use spanking or other corporal punishment to discipline their kids. But under New York law, this can potentially be charged as physical abuse, even if you didn’t intend to harm your child.
Any physical punishment that leaves a mark or causes injury could lead to criminal charges. And using objects like belts or paddles is risky – they can easily cause bruising or other harm even if you don’t mean to.
While not all corporal punishment leads to prosecution, it’s best to avoid it. Use non-physical discipline instead, and talk to your child’s doctor if you need help with better alternatives. If you do get reported, an attorney can help argue your actions were reasonable discipline, not criminal abuse.
Whether to testify is a strategic decision your lawyer will discuss with you. Possible pros and cons include:
In general, innocent defendants should want to testify. But experienced attorneys in Brooklyn child abuse cases understand how statements can be twisted against you. They’ll advise if the risks outweigh the benefits in your specific circumstances.
When your own son or daughter accuses you of abuse, it’s both shocking and heartbreaking. While painful, try to remain calm and take these steps:
False allegations from children are rare but do happen during custody battles, mental health crises, or if manipulated by others. An attorney experienced with these situations can help defend you while getting your child the support they need.
Being accused of harming your child is devastating and life-changing. Even if you aren’t convicted criminally, you may face termination of parental rights, divorce, loss of jobs or housing, and lasting stigma.
Having an advocate and support system is critical. Along with a skilled lawyer, consider joining a support group for wrongly accused parents. Therapy can also help you process this trauma in a healthy way. And never abandon your child – continue showing your love despite these challenges.
While the road is long, many families do find light at the end of the tunnel. An experienced Brooklyn child abuse attorney can guide you there. Contact us today to start protecting your rights and your family.
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