Crimes involving children are considered some of the most heinous offenses due to their status as vulnerable members of society. That’s why facing accusations of child abuse is not something that should be taken lightly. Many are unaware of how severe the impact of these charges can be, not just for those convicted but also the wrongly accused. As such, if you are facing allegations or charges for allegedly abusing a child, it’s critical to understand what warrants these charges and the penalties you can face if convicted. Keep reading to learn more and discover how a Sacramento criminal defense attorney can help you navigate these charges.
What Consitutes Child Abuse in California?
Under California law, any time someone willfully inflicts corporal punishment or injury upon a child that results in a traumatic condition, it is considered child abuse. Child abuse is considered a form of domestic violence. This includes punching, hitting, slapping, kicking, or using other objects to injure a child intentionally. As mentioned, the act must be intentional to warrant abuse. For example, if you intend to swat a fly and hit your child, this is not considered abuse because you had no intention of striking your child.
It’s also important to understand that in California, there are mandated reporters. This means certain professionals, like teachers, doctors, and caregivers, are legally required to report any instances of suspected child abuse to the appropriate authorities for further investigation.
In California, spanking is not considered a form of abuse unless the act is deemed excessive in force.
If I’m Convicted, What Penalties Can I Face?
Child abuse is a “wobbler” crime in California, meaning it can be charged as either a felony or misdemeanor offense, depending on the circumstances of the offense. The court will consider the cruelty of the acts, the severity of the injuries endured by the child, and if the defendant has a prior criminal history of other violent offenses.
If you are charged with misdemeanor child abuse, you will incur penalties that include one year of summary probation, up to one year in county jail, and fines of up to $6,000.
Charges of felony child abuse will carry two, four, or six years in prison, with the possibility of an additional four years added to the sentence if this is the second offense in the past ten years. Felony abuse also carries a formal probation sentence and $6,000 in fines.
As you can see, the consequences of a child abuse conviction can be incredibly serious. Not only can it impact your criminal record and disrupt your life with jail time, but it can severely harm your reputation. That’s why it’s imperative to connect with an experienced criminal defense attorney from the Law Offices of Dale R. Gomes. We understand the impact these charges can have on your life, which is why we will do everything possible to assist you. Connect with us today to learn how we can fight for you.