Last Updated on: 18th October 2023, 09:01 am

Brooklyn Child Abuse Lawyers: A Guide for Families

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.

What is Considered Child Abuse in Brooklyn?

There are a few main categories of child abuse under New York law:

• Physical abuse – when a child suffers physical injury, such as bruising, broken bones, burns, etc. This can include excessive corporal punishment.
• Sexual abuse – any sexual contact or exploitation of a child.
• Emotional abuse – causing mental or emotional harm through threats, intimidation, or other non-physical actions.
• Neglect – failing to meet a child’s basic needs for food, shelter, medical care, education, etc.

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.

Penalties for Child Abuse Convictions in Brooklyn

Like most crimes, the penalties for child abuse depend on the specific circumstances and charges. Some potential penalties include:

• Up to 7 years in prison for physical abuse
• Up to 25 years for sexual abuse
• Up to 4 years for neglect
• Up to 1 year for endangering a child’s welfare

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.

Common Defenses Against Child Abuse Charges

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:

• False allegations – Sometimes abuse reports stem from custody disputes, misunderstandings, or even malicious lies. Your lawyer can investigate the claims and question the credibility of accusers.
• Lack of intent – For physical abuse, you may argue any injuries were accidental, not intentional.
• No harm occurred – If the actions were inappropriate but did not physically or mentally damage the child, you may dispute that legally-recognized abuse happened.
• Consent defense – In some cases, a defendant can argue the child consented to sexual activity. But this rarely succeeds given minors’ inability to consent.

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.

Why Hire a Brooklyn Child Abuse Lawyer?

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:

• They understand the local laws and court procedures.
• They can investigate the claims and build a strong defense.
• They negotiate with prosecutors, often reducing charges and penalties.
• They advocate for you in court if a trial is needed.
• They guide you through the confusing legal process.

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.

Finding the Best Brooklyn Child Abuse Attorney

If you need an attorney to defend against child abuse allegations in Brooklyn, here are some tips for finding the right one:

• Look for someone experienced specifically in child abuse defense, not just any criminal lawyer.
• Ask about their track record getting charges reduced or dismissed.
• Choose someone who makes you feel comfortable and supported.
• Be sure they have resources to conduct in-depth investigations.
• Consider boutique firms that focus on these complex cases.

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.

What Happens at Trial in Child Abuse Cases?

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:

• Jury selection – Attorneys question and choose impartial jurors.
• Opening statements – Lawyers outline the case they’ll present.
• Prosecution’s case – Prosecutors call witnesses and present evidence trying to prove guilt.
• Defense case – Your lawyer challenges the prosecution’s account and raises reasonable doubt.
• Closing arguments – Attorneys summarize their positions for the jury.
• Jury deliberation – The jury discusses the case privately before rendering a verdict.

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.

How Can I Get Help Paying for a Lawyer?

Many parents can’t afford a private attorney after abuse allegations. Fortunately, there are options for getting help:

• Ask if your lawyer offers payment plans or will accept credit cards.
• Borrow money from family or tap home equity.
• Crowdfunding sites like GoFundMe allow you to seek donations.
• If facing criminal charges, you may qualify for a public defender.

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.

What Should I do if CPS Comes to My Home?

A visit from Child Protective Services can be scary and upsetting for parents. Here are tips if CPS comes to your home in Brooklyn:

• Remain calm and be polite – hostility won’t help your case.
• Don’t obstruct their investigation – you may have to let them interview your kids.
• Don’t volunteer information – stick to answering their specific questions.
• Take detailed notes about what is said and done.
• Call a lawyer! Have them communicate with CPS on your behalf.

With an attorney’s guidance, you can get through the CPS investigation and advocate for your family. Don’t go through it alone.

What Are Alternatives to Jail for Child Abuse?

If convicted of child abuse, jail time is possible but not always mandatory in Brooklyn. Some alternative penalties may include:

• Probation – A period of court-ordered supervision within the community, involving check-ins with a probation officer.
• Mandatory counseling – Completing a counseling program related to parenting, anger management, etc.
• Community service – Performing volunteer work at designated non-profit organizations.
• Fines – Monetary penalties imposed instead of or in addition to jail time.
• Anger management classes – Attending classes teaching how to control anger and resolve conflicts appropriately.

Judges have some discretion based on the circumstances of each case. An attorney may argue for alternatives to incarceration on your behalf.

Can I Go to Jail for Using Corporal Punishment?

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.

Should I Testify in My Own Defense?

Whether to testify is a strategic decision your lawyer will discuss with you. Possible pros and cons include:

• Pros: Lets you tell your side of the story; Jurors want to hear from the defendant; Allows explaining intent; Humanizes you.
• Cons: Prosecutors can scrutinize you on cross-examination; Statements can be used against you; You may say something damaging without realizing.

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.

What Should I Do if My Child Makes Abuse Allegations?

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:

• Don’t question your child or discuss their allegations.
• If other adults are present, politely ask them to leave.
• Report the allegations yourself to CPS – this shows you have nothing to hide.
• Hire an attorney immediately so they can protect your rights.
• Follow your lawyer’s advice about discussing the situation with anyone else.
• With your lawyer’s guidance, get family counseling to begin healing.

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.

Finding Hope After Abuse Allegations

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.