San Jose Child Abuse & Neglect Lawyer
Parents are supposed to care for their children, but sometimes that doesn’t happen. Many parents are accused of child abuse and neglect. Sometimes the allegations are true; sometimes they’re not.
In any case, allegations of child abuse are taken very seriously. A person can face lifelong imprisonment, fines, and other penalties. If you have been accused of this crime, seek legal help from a San Jose child abuse & neglect lawyer from Argyris Mah, LLP. We will work hard to get you a favorable outcome.
What is Considered Child Abuse?
In California, the prosecution can convince a jury that these three things occurred:
- You purposely inflicted cruel or inhuman physical punishment or injury onto a minor.
- You weren’t applying reasonable discipline to the minor. In California, corporal punishment (such as confining a child or spanking) is legal.
- A traumatic physical condition resulted from the injury or punishment. Serious wounds resulting from physical force can be considered a traumatic condition.
Keep in mind that California law does not specifically define “cruel or inhuman physical punishment or injury” or “reasonable discipline.” The jury will decide on what qualifies as the definition for these terms.
Misdemeanor vs. Felony Charges
Child abuse may be charged as a misdemeanor or felony. In California, a misdemeanor is defined as “willful neglect or cruelty not likely to result in death or significant bodily injury.” This is the least serious form of abuse.
A person will be charged with a felony if there is “willful cruelty or neglect with the threat of great bodily injury or death.” This means allowing a child to suffer severe physical or mental pain or willfully endangering a child’s health.
False Allegations of Child Abuse
False allegations of child abuse often come up in divorce cases. In order to keep a parent from gaining custody of a child, the other parent may lie about the parent’s character. They may claim that the parent has neglected or abused the child. Fathers are often the victims of these lies. In fact, statistics show that up to 70% of domestic violence charges presented during custody battles are falsified.
False accusations about child abuse can understandably make a parent angry. However, if you are facing these allegations, you should stay calm. Consult with your attorney to understand what you are being accused of and how it will affect your child custody case. You and your attorney should devise a plan to demonstrate your innocence and prove that the false claim is in fact a lie.
Contact the San Jose Child Abuse & Neglect Lawyers at Argyris Mah, LLP Today
Allegations of child abuse and neglect need to be taken seriously. A conviction can change your career and other aspects of your life for a long time.
If you are facing allegations, a San Jose child abuse & neglect lawyer from Argyris Mah, LLP can assess your case and provide you with a solid defense, if necessary. To schedule a consultation, call our office at (408) 214-6366 or fill out the online form.
