There is no “right” or “wrong” way to parent a child. Families use different parenting styles to raise their children into functional adults for today’s society. While some parents avoid discipline, others find it to be useful to teach their children how to survive in the world.
However, sometimes parents who are simply disciplining their child are accused of abuse. If they’re charged with child abuse, these parents could potentially lose custody of their child and have to face a jail or prison sentence for months or even years.
Child Abuse Defense Attorney in San Diego
Child abuse allegations could tear apart your family and impact your career. The best way to fight these accusations is to have experienced and knowledgeable legal counsel on your side.
Attorney Michael Cindrich has decades of experience protecting clients in criminal court. If you have been charged with child abuse, you need to contact his office immediately. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Contact Michael Cindrich today for a free consultation at (619) 262-2500.
Overview of Child Abuse in California
- What is Child Abuse in California?
- Examples of Child Abuse & Neglect in California
- Is Spanking Child Abuse?
- Penalties for Child Abuse in California
- Additional Resources
- Hire an Attorney for Child Abuse Charges in San Diego County
Child Abuse under California Law
Child Abuse is defined under California Penal Code 273d, “child abuse” as the willful infliction of one of the following on a child under the age of 18 during the time of the offense.
- Cruel or inhuman corporal (bodily) punishment; or
- The punishment and/or injury resulted in a traumatic physical condition; and
“Corporal punishment” in context to the statute simply means any physical punishment to the child. Corporal punishment, in and of itself, is not illegal under California law. Parents maintain the right to physically discipline their children as long as it doesn’t:
- Cause external or internal injuries to the child. The external injuries would include marks lasting more than two hours after the child was disciplined.
- The punishment doesn’t include harsh and cruel disciplinary measures or impulsively used discipline that would be considered “out-of-control” by a reasonable person. For instance, screaming profanities and hitting a child with a belt for a long period of time to the point they have welts is considered cruel and unnecessarily harsh.
Injuries that resulted in a “traumatic condition” are defined as any wound or bodily injury caused by direct application of physical force. The wound does not have to be serious for it to constitute as traumatic condition.
Examples of an injury resulting in a traumatic condition include:
- Concussions
- Broken bones
- Internal bleeding
The specific elements the prosecution must prove beyond a reasonable doubt to convict a person of child abuse can be found below.
- The defendant inflicted cruel or inhumane physical corporate punishment and/or injury on a minor under the age of 18; and
- The punishment caused a traumatic physical condition; and
- When the act occurred, the defendant was not reasonably disciplining the child.
Child abuse is a crime under California’s domestic violence laws, but is separate from the specific crime of torture.
Examples of Child Abuse & Neglect in California
The statute for child abuse in California is vague, so child abuse can occur in various ways. It can include physical punishment such as hitting a child, and it can also include unreasonable disciplinary measures such as locking a child in a closet for a long period of time. Listed below are some examples of child abuse in California.
- Kicking
- Pushing
- Hitting
- Punching
- Slapping
- Burning
- Choking
- Purposefully withholding necessities as a punishment
- Throwing objects at the child
- Throwing the child
Child neglect, however, is different under California law than child abuse. A person is guilty of neglect if they failed to provide a necessity to the child and the failure to provide was willful and without any type of excuse.
Is Spanking Child Abuse?
One of the biggest questions defense attorneys hear is “can spanking be considered child abuse?” The answer is no under certain conditions. Spanking is perfectly legal and acceptable way to discipline your child if it’s:
- For a disciplinary purpose
- Not excessive under the circumstances
It’s legal in California to spank a child with your bare hand or an appropriate object (such as a belt or paddle) if you meet these conditions. It’s important to keep in mind that spanking is a very controversial topic in California law.
Although spanking isn’t illegal, society has changed a lot over the years and that may change in the future. It’s possible the jury may decide an instance of spanking is child abuse because it was excessive or wasn’t for a disciplinary reason.
Penalties for Child Abuse in California
Child abuse is considered to be a “wobbler” offense. That means the prosecutor has the discretion to classify the offense as either a misdemeanor or felony depending on the facts. These decisions are heavily influenced by the circumstances of the offense and your current criminal history. Especially if you have prior evidence of child abuse or domestic violence.
Minor first offenses are usually charged as a misdemeanor in California. If convicted, you’ll face:
- Up to 12 months in jail
- A fine of up to $6,000
The prosecution may reclassify your offense to a felony if:
- The injury to the child was gravely serious and in need of long-term care
- You have one or more prior convictions for child abuse or another comparable offense
- The act inflicted on the child was very cruel and inhumane
Felony child abuse can result in:
- Up to 6 years in prison
- A fine of up to $6,000
Additional Resources
The Child Abuse Prevention Center | CAP Center – Visit the official website for the Child Abuse Prevention Center, which provides training, advocacy, and resources to those who want to protect children and build healthy boundaries. Access the site to learn more about the organization, statistics on child abuse, and peruse their resources.
California Child Abuse Statute – Visit the official website for the California Legislature to read up on their statutes for child abuse. Access the site to read the definitions related to the statute, penalties for child abuse, aggravating factors for those penalties, and more.
Hire a Child Abuse & Neglect Attorney in San Diego County, CA
Have you been accused of child abuse? If so, then you must act quickly. Call The Law Offices of Michael E. Cindrich to speak with an experienced criminal defense attorney with two decades of trial practice under his belt.
We accept clients around the greater San Diego Area, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, Vista, San Marcos, Encinitas, National City and La Mesa, and San Diego proper.
Call The Law Offices of Michael E. Cindrich at (619) 262-2500 to set up your first consultation.