Miami, Florida Child Abuse Defense Lawyer

Attorney for People Charged With Child Abuse or Neglect in Miami

There are few accusations that are as serious as charges of child abuse or neglect. These allegations can destroy reputations, tear families apart, and result in criminal penalties for the accused. Child abuse charges may also trigger investigations by the Florida Department of Children and Families, custody battles, and restrictions on contact with children. In these cases, skilled legal representation is essential.

Stroleny Law: Criminal Defense Attorney provides representation for people who are facing child abuse and neglect charges in Miami and other nearby communities. Our lawyer understands the sensitive nature of these cases and the devastating impact that accusations can have on a person and their family. He can take steps to challenge these accusations and present a compelling defense while working to resolve cases in ways that will preserve important relationships.

How Florida Law Defines Child Abuse and Neglect

According to Florida Statutes § 827.03, a person may be charged with child abuse if they are accused of intentionally injuring a child, either physically or mentally. This definition may include a broad range of conduct. Physical abuse may include hitting, kicking, shaking, burning, or otherwise causing physical harm to a child. Mental or emotional abuse may involve conduct that causes a child to suffer psychological trauma, anxiety, or depression, such as verbal abuse or subjecting children to situations that can cause emotional distress.

Child neglect generally involves a caregiver's failure to provide a child with the necessary care and supervision. It may include failing to provide adequate food, clothing, shelter, or medical care. Examples of neglect may include leaving young children unsupervised for extended periods, failing to provide necessary medical treatment for serious conditions, allowing children to live in dangerous or unsanitary conditions, or failing to ensure that children attend school. A person may also be charged with child neglect if they allegedly failed to take reasonable steps to prevent a child from being abused or neglected by someone else.

Situations That Could Lead to Child Abuse Charges

Discipline that allegedly caused a child to suffer injuries is a common reason for child abuse charges. While Florida law permits parents to use reasonable corporal punishment to discipline their children, they could face criminal charges if they allegedly engage in discipline that causes a child to suffer injuries. Spanking that leaves bruises, striking a child with an object that causes welts or cuts, or any physical punishment that results in a significant injury may lead to abuse charges. Teachers, healthcare providers, or others may file reports of suspected child abuse based on concerns about injuries to children.

Domestic violence situations involving children may result in child abuse charges. When children witness violence between parents or other family members, adults could be accused of child abuse based on the emotional trauma experienced by children. When children attempt to intervene in domestic altercations and are injured, even inadvertently, these situations could lead to child abuse charges.

Custody disputes and contentious divorces can sometimes lead to child abuse allegations. One parent may accuse the other of abuse to gain an advantage in custody proceedings, obtain protective orders, or limit the other parent's contact with children. While genuine abuse should be reported and addressed, false accusations do occur during custody battles, and they can result in criminal charges based on fabricated or exaggerated claims.

Parents may face neglect charges due to issues such as struggles with poverty, mental illness, substance abuse, or other challenges that affect a person's ability to provide adequate care for children. Parents who leave children unsupervised while working multiple jobs to support their families, caregivers who cannot afford proper housing or food, or people whose mental health conditions interfere with parenting could face neglect charges. In some cases, charges of neglect may be based on a lack of resources rather than an intentional failure to care for children.

Criminal Penalties for Child Abuse and Neglect

The penalties that may apply when a parent is accused of child abuse can vary depending on the specific charges and circumstances. In general, willful child abuse that does not involve great bodily harm can result in third-degree felony charges. A person who is convicted of this offense could be sentenced to up to five years in prison and fined as much as $5,000.

Allegations of aggravated child abuse can be much more serious. A person may face these charges if they are accused of committing aggravated battery against a child, willfully engaging in torture against a child, taking steps to punish a child maliciously, or causing serious injuries through abuse. In these cases, a person could be charged with a first-degree felony. A conviction could result in a prison sentence lasting for up to 30 years in prison and fines of up to $10,000.

Child neglect in which a child did not suffer great bodily harm may result in third-degree felony charges. However, if a parent or caregiver's neglect allegedly resulted in serious injuries, disfigurement, or permanent disabilities for a child, a person could be charged with a second-degree felony. If convicted, a person could be sentenced to up to 15 years of imprisonment, and they could be required to pay as much as $10,000 in fines.

Additional Consequences Affecting People Accused of Child Abuse or Neglect

The collateral consequences of child abuse or neglect charges may include the loss or restriction of a person's parental rights. The Florida Department of Children and Families may take steps to terminate or restrict a parent's rights. Parents may be restricted to supervised visitation with their children, and they may be separated from their children while completing reunification plans. The impact of these charges on families can be permanent, and in some cases, the termination of parental rights will sever all legal ties between a parent and a child. Siblings may be separated, extended family relationships may be disrupted, and everyone involved may experience emotional trauma.

Employment restrictions can severely limit the career options of people who have been convicted of child abuse or neglect. Florida law prohibits people with certain criminal convictions from working in positions involving regular contact with children. A person may be prevented from working in schools, daycare facilities, youth programs, healthcare settings serving children, and numerous other fields. Professional licenses in education, nursing, counseling, and related fields may be revoked based on child abuse convictions.

Felony convictions can also lead to the loss of a person's civil rights. They may no longer be allowed to vote or possess firearms. This may eliminate certain career options and affect a person's ability to protect themselves and their families.

The social stigma of child abuse accusations can affect personal relationships and community standing. Relationships with friends or extended family members may be damaged. The label of child abuser can follow a person throughout their life, affecting their ability to participate in community activities, volunteer opportunities, and social groups.

Defense Strategies for Clients Accused of Child Abuse or Neglect

Our attorney can help clients take steps to challenge child abuse and neglect charges. He can respond to false accusations and work to protect a person's name and reputation. He will investigate the motives of accusers, examine the timing of allegations, and present evidence demonstrating that accusations were fabricated or exaggerated. If necessary, he can show that children were coached to make false statements or provide evidence of showing the accuser's biases and reasons for making false accusations.

In cases where children have sustained injuries because of accidents rather than intentional abuse, our lawyer can take steps to demonstrate the facts of a case. Young children fall frequently, and they can develop bruises or other marks during normal childhood activities. Evidence from medical professionals can explain how injuries occurred accidentally, and our attorney can challenge testimony that assumes that abuse occurred.

In some cases, children may have underlying health conditions that cause symptoms that could be mistaken for abuse. Certain bleeding disorders, bone fragility conditions, skin conditions, and other medical issues can cause bruising, fractures, or other findings that investigators could interpret as abuse. Our attorney can work with medical professionals to identify these conditions and explain how they account for the physical findings that led to criminal charges.

In neglect cases, our lawyer can present evidence that a client did not have the resources necessary to provide care and did not intentionally fail to meet a child's needs. Poverty, lack of access to healthcare, housing instability, and other circumstances that are beyond a person's control may explain conditions and show that neglect did not occur.

Contact Our Miami, FL Child Abuse and Neglect Attorney

Child abuse or neglect can be incredibly damaging to a person and family. In these cases, it is important to work with an attorney who will fight aggressively to protect a person's rights. At Stroleny Law: Criminal Defense Attorney, we understand what is at stake in criminal cases involving charges of child neglect or abuse. We have successfully defended clients against these types of charges. Contact our Miami child neglect and abuse lawyer at 305-615-1285 to arrange a free consultation. We will review the charges against you, discuss your options, and explain how we can help protect your rights, your freedom, and your family.