Have you been accused of child abuse in San Diego, CA? The consequences of a conviction will likely impact you for the rest of your life and cannot be ignored. You’ll need a strong advocate in your corner to protect your rights and represent your side of the story. Our San Diego criminal defense attorneys near you are here to help you get your life back on track.
Blair Defense Criminal Lawyers is here to help. Our San Diego child abuse defense attorneys have more than a decade of experience practicing law, and we’ve been recognized as Top 40 Under 40 Trial Attorneys, Top 100 Attorneys, and Top 100 Criminal Defense Attorneys by esteemed legal organizations.
To begin forming an attorney-client relationship, call us at (619) 357-4977 or contact us online. We offer a free initial consultation to review the facts of your child abuse case.
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How Blair Defense Criminal Lawyers Can Help You With Child Abuse Charges in San Diego
Understandably, you might be feeling overwhelmed if you’re facing child abuse allegations in San Diego, California. It might feel like the entire world is against you, presuming your guilt before you’ve had the chance to present your side of the story. You might not be sure of where to turn next.
Let the experienced San Diego sex crimes attorneys with Blair Defense Criminal Lawyers go to bat for you and protect your interests. We’ll listen to where you’re coming from, and we’ll do everything in our power to put forward your best possible defense. When you hire our lawyers, we can help by:
- Internally investigating your case to collect exculpatory evidence and poke holes in the prosecution’s arguments
- Apprise you of your legal options every step of the way
- Negotiate to have your charges reduced or dismissed, if possible
- Hiring experts to testify on your behalf and bolster your defense
- Bring your case before a jury, if it’s in your best interest
Call our law office today to schedule your free, no-obligation consultation with a San Diego child abuse defense lawyer.
California Law Regarding Child Abuse
Child abuse is covered under California Penal Code 273d PC. The statute states that it is illegal when someone “willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” It is a felony to violate this statute.
Child endangerment is a lesser offense and can be charged as a misdemeanor. This offense is described by California Penal Code 273a PC. Under this statute, it is illegal to perform acts such as neglecting a child, permitting a child to be injured, or causing or permitting a child to suffer.
Further clarification for what constitutes child abuse is provided by the corresponding jury instructions to the offense. A “traumatic condition” is defined as “a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.”
Based on this information, the following actions could be considered child abuse in San Diego:
- Punching
- Kicking
- Choking
- Shaking
- Slapping
- Burning
- Pushing
Courts and the prosecution have significant discretion in what constitutes child abuse, given that the statute and jury instructions are left relatively open-ended. It’s critical that you begin building your defense as soon as possible if you’ve been charged with child abuse in San Diego.
What Are the Penalties and Consequences of a Child Abuse Conviction in California?
Child abuse is considered a “wobbler” offense, as it could be charged as a misdemeanor or a felony depending on the facts of the case.
If you’re convicted of misdemeanor child endangerment, you could face the following penalties:
- Up to 12 months in county jail
- Probation with a requirement to attend counseling
- Community service
- A fine of up to $6,000
The penalties for a felony child abuse conviction include:
- Imprisonment for two, four, or six years
- Probation with a requirement to attend counseling
- Community service
- A fine of up to $6,000
If you’ve been convicted of child abuse in the past 10 years, you could face a four-year enhanced sentence as well.
There are also collateral consequences of a child abuse conviction. These include:
- A criminal record, making it more difficult to obtain housing or employment
- Problems with child custody and visitation
- Immigration issues, if applicable, including deportation
- Significant harm to your personal and professional reputations
These penalties and consequences can influence the rest of your life. Reach out to Blair Defense Criminal Lawyers to schedule a free consultation with an experienced San Diego child abuse defense attorney.
What Defenses Can Be Raised Against Child Abuse Charges in San Diego?
There are many possible defenses that you can raise against child abuse charges in San Diego. We’ll thoroughly investigate your case and the prosecution’s evidence against you to develop the defense that is most effective given your situation. Some examples of potential defenses include:
- You were lawfully disciplining your child
- The prosecution has failed to prove every element of your charges beyond a reasonable doubt
- You did not intend to cause any harm, and the situation was an accident
- Your constitutional rights were violated
- The allegations against you are false, and there is exculpatory evidence available
Reach out to us at your convenience for additional insight into how we can defend you in your case and for legal advice.
Schedule a Free Consultation With an Experienced San Diego Child Abuse Defense Attorney
You should not attempt to defend yourself against child abuse charges alone. You’re already facing an uphill battle because of the stigma these charges carry, and the prosecution can more easily take advantage of you if you don’t have adequate legal representation.
Blair Defense Criminal Lawyers has the experience and expertise necessary to defend you against such serious charges. We’re confident in our ability to investigate your case and determine an effective defense.
Contact our San Diego child abuse defense attorneys today to get started. You can call us or send us a message online.
