(Last Updated On: August 2, 2023)Last Updated on: 2nd August 2023, 04:25 pm
What Is Child Abuse?
There are various types of child abuse
Some result in physical harm to the child while others result in mental harm. Sometimes, child abuse can occur without you knowing that it’s taking place. This is sometimes considered neglect because the abuse isn’t intentional in that manner.
Most states have their own regulations as to what they consider child abuse
Most states will charge you with child abuse if there is any action that takes place that causes any kind of harm or endangerment to a child. The abuse can be sexual, physical, or mental. Exploitation of a child is also considered child abuse.
Laws require certain people to report suspected child abuse
Most states have laws that require certain people to report child abuse if it’s observed or suspected, such as teachers or nurses.
Elements of Child Abuse Charges
Most states follow general laws that define child abuse as any action that causes any kind of harm or the risk of harm to a child who is under the age of 18 and is committed by a person who is responsible for the care of the child, such as a parent or grandparent. Sometimes, a babysitter or a relative can be charged with child abuse if that person spends a significant amount of time with the child.
Child abuse is often an intentional crime
Child abuse is a crime that is often committed intentionally. Someone who knowingly allows an abusive act to take place can be charged with child abuse as well.
Negligence can also be considered child abuse
Negligent acts are also considered child abuse in most states. These acts include leaving a child home alone for extended periods of time, not providing a stable home, or not providing food and water for the child.
Investigations after suspected abuse
If child abuse is suspected or reported, child protective services will begin an investigation. If the department finds that abuse has taken place, then you can be charged with the crime. This is the point when you want to seek the help of an attorney.
Penalties For Child Abuse
In most states, people who are charged with child abuse will have their children placed in foster care or with a relative who can provide care for the child until you satisfy the requirements of the court to obtain custody again. The age of the child and the severity of the abuse are taken into consideration when charges are filed and sentences delivered. The criminal background will also be considered.
Child abuse is usually a felony
Child abuse is usually seen as a felony in most states. Some types of abuse can have a sentence of life in prison. However, there are some situations where the charges are filed as a misdemeanor and you don’t spend any time in jail.
Other punishments besides jail time
However, you could be required to take parenting classes or undergo other types of punishment, such as probation, before obtaining custody of your child once again.
Child Abuse Defenses
False allegations
One of the common defenses against child abuse is that false allegations were made. Sometimes, a child might report that something has happened or someone else might report that something has happened for retaliation against another person.
Accidental injuries
Injuries could be the result of an accident instead of abuse.
Right to discipline
Most states recognize that parents can discipline their children, which could be mistaken for child abuse by some people.
How An Attorney Can Help
An attorney can help you with setting up classes and offering evidence that suggests the abuse wasn’t intentional. Your attorney can also work with the prosecution to obtain help for the family instead of a jail sentence.
Fighting False Child Abuse Charges in Brooklyn
Many Brooklyn residents are arrested and charged with child abuse each day. Many of the people arrested for the crime are placed into custody with good reason. But, some of the child abuse arrests are made without merit. If you are one of the unfortunate few wrongly accused of child abuse, it is time to fight the battle of your life and prove the accusations are false. Spodek Law Group is the Brooklyn criminal defense attorney who defends those falsely charged with the very serious offense of child abuse. With an attorney such as Spodek Law Group handling your defense, your name will soon be free and clear and you can get on with life without worries.
Why People Make False Accusations
Why would anyone falsely accuse another person of such a heinous crime? Although some people cannot fathom rhyme or reason, those making such accusations find plenty of reasoning in their actions. They’ve been hurt, or feel they’ve been hurt. They were lied to or used and abused themselves. Why not make up this big story of child abuse and ruin their life? Perhaps it is a past lover who wants a relationship with you, but the feelings are unrequited. This brings out anger in many people and in attempt to hurt you, false accusations are oftentimes made. Regardless of the reason you’ve been falsely accused of child abuse, a criminal defense attorney doesn’t let the mystery go unsolved. Criminal defense attorneys know how to get the truth out and ensure that it is done in a way that your charges are dismissed.
Consequences of a Conviction
The Truth Shall Set You Free
Literally -when child abuse charges are brought up against you. If you’re convicted of a child abuse charge, it could land you in jail or prison for some time. Other consequences of a child abuse conviction range from extensive fines to probation, anger management classes, and loss of custody of the children. The judge may set conditions for visits with the child if you are convicted, or may require special conditions to regain custody if they’re removed from the home after a charge of child abuse.
Being accused of child abuse is disheartening and puzzling but don’t allow it to get the best of you when a criminal defense attorney like Spodek Law Group is there to ensure the truth is revealed for all to see. A child abuse conviction could affect your life in many ways. It could cause inability to gain rental housing, mortgages, auto loans, or even employment. The conviction could also tarnish your good name forever. Criminal charges are public record, free for anyone with an interest to see. You might be judged by those who don’t really know the truth to the story. Don’t let this happen when it takes nothing more than the expertise of a child abuse criminal defense attorney to keep you out of hot water.
How a Defense Attorney Can Help
When you’re falsely accused of any crime, particularly one so heinous, you’re filled with an array of emotions, questions, and thoughts. How could this happen? How can you prove your innocence? What are your legal rights? An attorney has the answers that you seek providing assurance that the truth will set you free. But more so, the attorney provides you with peace of mind and assurance that the false accusations won’t turn your life upside down and ruin your good name. A criminal defense attorney in Brooklyn can help you in the following ways and many others:
Provides a legal defense
Provides evidence that the accusations are false
Discredits the opposing side
Prepares all paperwork
Helps you better understand the laws surrounding child abuse
Provides legal guidance and answers to your questions
Ensures that you are not found guilty before trial, helping your voice be heard when it otherwise might not
Gives you comfort and peace of mind that your case will be proven and the charges dismissed
Going to court to face child abuse charges is a frightening experience for anyone. The courtroom is filled with onlookers, some of whom may leave thinking that you’ve committed this crime. You’ll face your accuser, family members, friends, and other members of the community. You think of the consequences of being convicted of the crime and what it means for your life. Knots fill your stomach and you’re left with so much wonder and worry. The role of Spodek Law Group is to minimize your fears and give you the guidance needed to win your case. Don’t take a child abuse charge lightly and get the legal expertise that you need.
https://www.hg.org/child-abuse.html
https://www.childhelp.org/child-abuse/