Child abuse is a broad term used to describe any cruelty and/or wrongdoing to a child. The definition is broad, and it includes everything from mental abuse to sexual assault or physical abuse. It’s illegal, and it’s never something the law looks kindly upon. Child abuse is illegal in New York, and any Queens child abuse lawyers tell their clients it’s one of the most difficult cases for anyone to deal with. When child abuse charges are brought upon a person, it’s difficult to see a good defense. It’s also difficult to determine how someone might be punished for this since it’s such a broad subject.
Child Abuse Punishments
The many different punishments that might occur when someone is accused of child abuse in Queens vary. How someone might be punished in a court of law depends heavily on their previous criminal history, the severity of the abuse that occurred, and even the circumstances surrounding the abuse.
– Jail time
– Termination of parental rights
– Sex offender registration
– Loss of custody of a child
– Supervised visitation with child only
While child abuse is horrible, many forms are worse than others. Neglect, sexual abuse, and torture are the forms of child abuse that result in the worst punishments. In the least serious cases, some parents or other abusers might not receive any prison time at all. There are many mandates in play in New York, and it’s impossible to tell which situation might occur until a specific charge is filed.
Many factors are used to determine the punishment of a guilty party. It’s helpful if you’ve never been accused of any other crimes or even suspected of another crime. It’s also helpful if your child has not been the subject of numerous injuries or illnesses, and it helps if you have good character witnesses who will vouch for you.
Child Abuse Defenses
It’s not easy to defend yourself when the charges include child abuse. The intentional harm of a child is one of the worst cases possible, and it’s not going to earn anyone any favors with a jury. It’s one that tugs at heartstrings and almost immediately turns people into prosecutors. However, everyone is innocent until proven guilty, and everyone has the right to obtain legal defense in the form of a criminal defense attorney.
False Allegations – When a family is not getting along or has a lot of dysfunction, it’s not uncommon to find there are false allegations of child abuse. A parent who want full custody in a divorce to get back at the other parent might claim there was abuse in the house. A child mad at a parent for not giving into them or being fair in their eyes might not understand the allegations they’re making to a friend or a trusted teacher out of frustration. It’s a vicious situation, but it does occur.
MSBP – This one is by proxy. It’s Munchausen Syndrome by Proxy. It’s when a parent wants more attention and sympathy, so they fake injuries, illnesses, and even cause both to make sure they get the sympathy and the attention illness and injury illicit from others.
Accidental Injury – In many abuse cases, the victim will make up a reason for bruises and injuries, but sometimes that’s really what occurs. When a child shows up to school with a giant bruise on his or her face and says they ran into a door, it seems suspicious. When it’s reported as potential child abuse, it’s up to you to prove it really was an accident and there was no abuse going on in the house.
Other Circumstances – Some kids are injured and it’s not an accident. Perhaps you have two kids and one decides to hit the other with a heavy object during a fight. It might seem like it’s abuse, but it’s not. It wasn’t an accident, but it also wasn’t a case of child abuse.
Religious Reasons – A good example here is the use of vaccinations. Many people who believe heavily in a specific reason do not choose to seek medical care for children with illness or disease. When a child dies because of an easily treated illness or injury, it’s not always easy to swallow the hard truth. It could have been easily prevented and handled, but it’s not because of religious reasons.
Child abuse is a serious charge, and it’s made even more serious thanks to social media and the power of the news. When someone is charged with a child abuse crime, it’s difficult to overcome the ruined reputation and the other side effects that come with a charge like this even when an innocent verdict is issued. A criminal defense attorney is someone who can help you with your defense. Your charges could be dropped, or your sentence could be reduced with the help of an experienced criminal defense attorney.
Todd is a miracle worker who will work tirelessly for you and your family. He is one of the few attorneys i've met - who I earnestly trust to protect me, and who I am happy to refer to our friends and fellow family members. The Spodek Law Group is someone you want on your side, because they will treat you just like family. Todd and his team are available 24/7, and they always answered our calls. Even when we were being irrational, and crazy - they were calm and super helpful. Just call Todd. He gives you a free consultation and is very understanding.- Donna & Robert
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