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Aggravated Child Abuse Lawyer in Orlando, FL
Child abuse allegations have serious ramifications. If these allegations are severe enough, the charges may be raised to aggravated child abuse, resulting in a thorough police investigation and involvement of the Department of Children and Family Services. To prevent these charges from ruining your life, you must understand them and the potential consequences you may face if convicted.
Definition of Aggravated Child Abuse
It is important to note that there are three types of criminal child abuse charges in Florida; child abuse, child neglect, and aggravated child abuse. The most serious of these charges are aggravated child abuse, as it involves more severe injuries and is the charge that is the most difficult to defend. Florida Statute 827.03 defines aggravated child abuse as:
- aggravated battery on a child;
- Willfully torturing, maliciously punishing, or caging a child;
- Or abusing a child in a manner that causes great bodily harm, permanent disability, or permanent disfigurement.
The law does not require that aggravated child abuse be committed by a parent or guardian of the victim, only that the victim is under the age of 18.
Penalties for Aggravated Child Abuse
The crime of aggravated child abuse is a first-degree felony in Florida. If convicted, this crime is punishable by up to 30 years in prison, thirty years probation, and a $10,000 fine. Florida’s Criminal Punishment Code assigns aggravated child abuse a Level 9 offense. This level of crime means a judge is required to sentence a person convicted to a minimum of 48 months in prison, with a maximum sentence of 30 years.
Differences Between Child Abuse, Child Neglect, and Aggravated Child Abuse
As previously mentioned, there are three types of child abuse in Florida; child abuse, child neglect, and aggravated child abuse. Knowing these three crimes differences is essential as they come with different definitions and penalties. All of these laws can be found in Florida Statute 827.03.
- Child Abuse: Intentionally causing mental or physical harm to a child. Knowingly and intentionally engaging in behavior or actions that could physically or mentally injure a child. Encouraging another person to commit behavior that can physically or mentally harm a child.
- Child Neglect: The failure to provide a child with supervision, care, and services required to maintain theirs. This definition includes nutrition, shelter, food, medicine, and more. You may also be convicted of child neglect if you fail to make an effort to protect a child from being neglected, abused, or exploited.
- Aggravated Child Abuse: Committing aggravated battery on a child. Knowingly or willfully abuse a child, leading to great bodily harm, permanent disability, or permanent disfigurement. Maliciously punishing, torturing, or illegally caging a child.
Possible Defenses for Aggravated Child Abuse
Upon being investigated or arrested for charges of aggravated child abuse, it is essential to contact a lawyer immediately. This lawyer should investigate and understand the circumstances of your situation to have the charges dismissed or mitigated.
A common defense in child abuse cases is a parental privilege. Parental privilege is the right of the parent or guardian to reasonably discipline a child under their control or authority. This means a parent has a right to administer a reasonable punishment without committing a crime. This defense tends not to be as successful for aggravated child abuse charges as it can be with child abuse charges because it is difficult to argue an aggravated battery was a reasonable punishment.
False claims are also a defense for aggravated child abuse. Sometimes in custody battles or divorces, one parent will claim that the other committed physical abuse to take advantage of the situation.
Another frequently used defense is that the child's injury was an accident. Some children play rough, while others are more accident-prone, and both qualities can result in injuries. It is possible to argue in court that the child's injuries were an accident and not an intentional battery on behalf of an adult.
Fighting Against Aggravated Child Abuse Claims with Hanlon Law
A conviction of aggravated child abuse charges can completely change your life, and the possibility of 30 years in jail or probation is a severe threat. To protect your future, you must immediately contact a lawyer if you have been accused of aggravated child abuse. If you are looking for a criminal defense attorney in Orlando, Florida, the lawyers at Hanlon Law have valuable experience defending accused rights. Our attorneys will investigate the circumstances of your case to mount the strongest possible defense for your specific circumstances.
If you are facing aggravated child abuse charges in Orlando, Florida,
contact the attorneys at Hanlon today.
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We serve clients throughout Florida including those in the following localities: Hernando County including Spring Hill; Hillsborough County including Brandon, Riverview, and Tampa; Pinellas County including Clearwater, Largo, Palm Harbor, Pinellas Park, Seminole, and St. Petersburg; and Pasco County including Dade City, Hudson, and New Port Richey.
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