Parental privilege or lawful discipline
In some situations, a parent or authorized caregiver may have a defense based on lawful discipline. The facts, injury level, and surrounding circumstances are critical.
Child Abuse Attorneys in Orlando
Under Florida law, child abuse consists of any intentional action causing physical or mental harm, including actions that a reasonable person would believe capable of causing damage to the child’s physical or mental health, or encouraging anyone else to do anything that could be reasonably expected to cause such harm. Child abuse can be perpetrated by any adult, including a child’s own parents.
Aggravated child abuse is a more severe charge, which occurs when child abuse results in physical harm, permanent disability, or permanent disfigurement. This charge is also used in cases in which someone has tortured, maliciously punished, caged, or committed aggravated battery against a child.
If you have been wrongly accused of child abuse, contact the Orlando child abuse defense lawyers at Moses and Rooth today.
Potential Penalties for a Child Abuse Conviction
Child abuse of any kind is a felony in Florida, making it a serious crime regardless of the exact charges and circumstances. Even though all child abuse charges are felonies, penalties for child abuse vary depending on the severity of the injuries to the child as well as on the number of previous offenses.
If the abuse does not result in serious harm, disability that is permanent, or permanent disfigurement, it is considered a third degree felony. You may face imprisonment for up to five years, fines up to $5,000, or some combination of the two.
Aggravated child abuse is a first degree felony, which carries more serious penalties. If convicted, you may face up to 30 years in prison, up to $10,000 in fines, or a combination of the two.
Defending Against Child Abuse Charges
If you are being charged with the abuse of your own child, you have the right to discipline the child and may claim parental privilege as your defense. This same defense may apply if you are a teacher or other person authorized to act “in loco parentis,” meaning “in place of the parent,” giving you the authority to discipline.
Minor bruising may be defensible, but understand that parental privilege will not apply if any other injuries occurred.
Depending on the circumstances of the injury to the child and the accusation, other defenses may also apply. Especially in cases of custody battles or other difficult situations, false accusations may be made in an attempt to alter the child’s living situation.
The child may also have been injured as a result of an accident, disease, or even interactions with other children, in which case presenting proof of the accident can help you to defend against the charges.
Orlando child abuse defense
Accused of child abuse? Do not face the state alone.
A child abuse allegation can put your freedom, family, reputation, and future at risk. These cases can move quickly, and the details matter. Speak with an Orlando criminal defense attorney before making statements, explaining the situation to investigators, or walking into court without a strategy.
Defense strategy matters
The right response starts with the facts.
Child abuse cases can involve emotional claims, medical details, custody conflict, school reports, or statements from several people. A defense strategy should focus on what can be proven, what evidence is missing, and whether the accusation tells the full story.
Important: Do not assume you can simply “clear things up” on your own. Statements made early in the case can affect how prosecutors, investigators, and the court view the allegation.
Possible defense angles to discuss
False or exaggerated accusation
Some allegations arise during custody disputes, family conflict, or emotionally charged situations. Your attorney can review motives, timelines, and inconsistencies.
Accident, medical issue, or another cause
Not every injury means abuse occurred. Evidence may show the child was hurt accidentally, through illness, or during interactions with others.
Charge level and penalty exposure
Child abuse charges in Florida are serious felony matters. The defense approach should account for the charge level, alleged injuries, evidence, and long-term consequences.
How an Orlando Child Abuse Attorney can Help
If you have been accused of child abuse, do not wait to contact an attorney. You may be tempted to defend yourself, particularly if you see no merit in the case.
However, the experienced attorneys at Moses and Rooth, Attorneys at Law, are better equipped to prove your innocence by gathering expert witnesses, evaluating evidence, and countering any evidence used against you. Call us today at 407-377-0150 to schedule a consultation.
Child Abuse FAQs
Q. How does child abuse get reported most often?
A. Child abuse charges often result from a teacher, doctor, neighbor, counselor or other community member observing bruises or other signs of physical or psychological abuse on a child. Child abuse is also often reported by one of the child’s parents.
Q. What constitutes child abuse?
A. Any intentional action causing physical or mental harm to a child is considered abuse under Florida law.
Q. Is child abuse a felony in Florida?
A. Yes. Child abuse of any kind is a felony under Florida law.
Q. How can a lawyer help someone charged with child abuse?
A. Currently, Florida’s statute regarding child abuse leaves a lot of room for interpretation. Therefore, an experienced child abuse attorney will be able to evaluate the physical or mental injury that the state’s attorney is alleging, and discuss possible defenses with the accused.