Child Abuse Lawyer in Orlando, FL

Child abuse is one of the most aggressively prosecuted crimes in Florida. The Florida child abuse laws are aimed at protecting children from serious harm, but unfortunately, many allegations of child abuse are unfounded or exaggerated. Child abuse is a serious allegation with severe penalties if a person is convicted. These harsh penalties following a conviction can include imprisonment, expensive fines, and losing custody of your children. Suppose you are being investigated by the police or the Department of Children and Families (DCF) for child abuse. In that case, you must seek out a criminal defense lawyer immediately to protect your future. 

Florida Definition of Child Abuse

Florida Statute 827.03 defines child abuse as:

1. The intentional infliction of physical or mental injury upon a child; 
2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or 
3. Active encouragement of any person to act that results or could reasonably be expected to result in physical or mental injury to a child. 

It is important to note that there is no requirement that a parent or custodian of the victim must commit child abuse. Florida’s child abuse laws are written broadly enough to cover a range of intentional acts against a child, mental or physical. Mental abuse comes in different forms and is often more challenging to prove, especially in younger children. Many people are unaware that you may be arrested for child abuse if you are caught driving under the influence with a child in the vehicle because the individual has intentionally put the child in the car and endangered them by driving under the influence. 

It is very common for school officials to be the first to notice signs of child abuse, such as frequent unexplained bruises or injuries on a child. Many school officials are mandated reporters, meaning if they see signs of abuse, they are required by law to report it. 

Penalties of a Child Abuse Conviction 

In Florida, Child Abuse is a third-degree felony, punishable by up to five years in prison, five years probation, and a $5,000 fine. Depending on the circumstances of your case, you might face other consequences, such as being subjected to a thorough investigation, separation from your child, or having to complete parenting classes. More severe forms of child abuse and frequent mistreatment will make penalties more severe. 

There are also criminal charges and penalties that come with failure to report child abuse. Everyone has a requirement to report child abuse. Mandatory reporters are the only ones required to give their names when they do so. Failure to report child abuse is a third-degree felony with penalties of up to five years in prison and expensive fines. You can report child abuse in multiple ways: calling 911, the Florida Abuse Hotline, or reporting abuse online through the Department of Children and Families. 

Defenses Against Child Abuse 

An experienced lawyer will take the time to investigate and understand the circumstances of your situation in order to have your case dismissed or the charges mitigated. Here is a list of possible defenses to child abuse allegations:

• False accusations 
• Parental right to disciple (parent’s legal right to reasonably discipline their children) 
• The defendant did not expect their actions to cause injury
• The harm was accidental (accidentally shutting your child’s fingers in a door) 
• Insufficient evidence of abuse 

Determining the best legal strategy for your defense depends on the situation of your case. Before deciding on a defense strategy, you should speak with a child abuse lawyer. 

Defending Your Future with Hanlon Law

You must immediately contact a criminal defense attorney to protect your future if you have been accused of child abuse. The lawyers at Hanlon Law will mount the most vigorous possible defense in your favor. We have knowledge of the prosecutors and courts in Orlando, Florida, which we use in formulating this defense. Our attorneys will investigate the circumstances involving your arrest, the State’s evidence against you, and any other factors that could lead to your charges being dropped or prevent a conviction. 

If you are facing child abuse charges in Orlando, Florida, contact the attorneys at Hanlon today.

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