Child Abuse in Florida
Under Florida Statute 827.03(2)(c), the crime of Child Abuse is defined as an intentional act that causes, or could reasonably be expected to cause, physical or mental injury to a child.
A child is defined as any person under the age of 18 and a caregiver is defined as a parent, adult household member, or other person responsible for the child’s welfare.
Importantly, there is no requirement that the child abuse must be committed by a person in a parental or custodial relationship to the victim, thus what might constitute a misdemeanor battery if the victim was an adult, can instead be charged as felony Child Abuse at the prosecutor’s discretion. [1]
Penalties for Child Abuse
In Florida, the crime of Child Abuse is a Third Degree Felony and punishable by up to five (5) years in prison, five (5) years of probation, and a $5,000 fine.
Child Abuse is assigned a Level 4 offense severity ranking under Florida’s Criminal Punishment Code. A judge may sentence a person convicted of Child Abuse to probation, but may also sentence the person up to the statutory maximum of five years in prison.
Defenses to Child Abuse
In addition to the pretrial defenses and trial defenses that can be raised in any criminal case, a specific defense to the crime of Child Abuse is:
False Allegation of Abuse
Children often makes false allegations of abuse against a parent involved in contentious child custody or divorce proceedings with the other parent.
False allegations of abuse often come about when one parent alienates the child, whoc becomes aligned with the alienating parent and advances a false narrative of abuse against the other parent.
Parental Privilege
A parent or one standing in loco parentis (such as a teacher) has the right to reasonably discipline a child under his or her control and authority. However, if injuries more serious than minor bruising occur as a result of the discipline, the parental privilege does not apply. [2]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Child Abuse in Central Florida or the Greater Orlando area, contact Orlando Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you on the proper course of action that can be taken.