Defending Against Child Abuse Charges Under California Penal Code 273

Accused of Child Abuse? Here’s What’s at Stake and How to Respond

Facing child abuse charges in California is a nightmare for anyone. The mere accusation can turn your life upside down, threatening your freedom, your family, and your reputation in the community.

If you find yourself in this terrifying situation, you need to know what you’re up against and take immediate steps to protect your rights.

How California Law Defines Child Abuse

Under California Penal Code Section 273, child abuse encompasses a wide range of conduct that intentionally or willfully causes harm to a minor. This can include:

• Physical abuse: Non-accidental bodily injury such as hitting, kicking, shaking, burning, or otherwise physically hurting a child
• Sexual abuse: Any sexual activity with a child, including molestation, exploitation, or pornography
• Emotional abuse: Patterns of behavior that impair a child’s emotional development or sense of self-worth, such as constant criticism, threats, or rejection
• Neglect: Failure to provide adequate food, clothing, shelter, medical care, or supervision

To convict someone of child abuse, prosecutors must prove beyond a reasonable doubt that the defendant willfully inflicted harm or allowed it to occur. An experienced criminal defense attorney will force the prosecution to meet this high burden and hold them to it.

Legal Consequences of a Child Abuse Conviction

The penalties for a child abuse conviction in California can be severe and life-altering. Depending on the circumstances of the case, child abuse may be charged as either a misdemeanor or a felony.

Misdemeanor Child Abuse

Less serious offenses, such as misdemeanor child endangerment, may be punishable by:

• Up to one year in county jail
• A maximum fine of $1,000
• Informal probation
• Counseling or treatment programs

For example, a first-time DUI with a child passenger in the vehicle could result in misdemeanor child endangerment charges in addition to any DUI penalties.

Felony Child Abuse

More serious child abuse offenses will be charged as felonies. A felony child abuse conviction can lead to:

• Two, four, or six years in California state prison
• A fine of up to $6,000
• Formal felony probation
• Mandatory counseling and treatment
• Possible lifetime sex offender registration (for sexual abuse crimes)

A child abuse conviction doesn’t just mean incarceration and fines. It can also result in losing custody of your children, difficulty finding employment and housing, a permanent criminal record, and a stigma that follows you long after you’ve served your sentence.

Immediate Concerns When Facing Child Abuse Charges

When child abuse allegations surface, a number of things often happen in quick succession:

Criminal Protective Orders

In most cases, the court will issue a criminal protective order (CPO) that prohibits or restricts contact with the alleged victim. This can be extremely emotional and disruptive, but it’s crucial to comply with the terms of the CPO while your case is pending. Violating a restraining order can lead to additional criminal charges.

Arrest and Bail

If you’re arrested on suspicion of child abuse, you may be taken into custody and required to post bail to be released. An attorney can argue for reduced bail or even release on your own recognizance while fighting the underlying charges. If bail is denied or set too high, your lawyer can push for alternatives or work to undermine the prosecution’s case and secure a dismissal.

Parallel Investigations

In addition to the criminal investigation, the Department of Children and Family Services (DCFS) will likely initiate its own inquiry. This could lead to your children being temporarily removed from your care, even if you haven’t been convicted of a crime. An attorney can represent your interests in these proceedings as well.

The early days after an accusation can feel like a whirlwind. Having a skilled legal advocate in your corner is essential for making smart decisions under pressure to regain stability and start building your defense.

Defending Against Child Abuse Charges

Child abuse cases are complex and highly charged, but there are many potential defense strategies an experienced attorney can employ depending on the alleged facts:

• Arguing the injury or harm was accidental, not intentional
• Demonstrating that statements or evidence against you are false or misleading
• Challenging police misconduct in gathering evidence or extracting confessions
• Asserting your constitutional rights against unreasonable search and seizure
• Negotiating a plea to reduced charges to minimize penalties and collateral consequences

Because so much is at stake in child abuse cases, it’s imperative to have an aggressive defense lawyer who will leave no stone unturned in fighting for you.

Get a Skilled Child Abuse Defense Lawyer on Your Side

At The Nieves Law Firm, we understand the immense stress and fear that comes with being accused of child abuse. Our battle-tested attorneys have extensive experience defending clients against these devastating charges. We will thoroughly investigate your case to identify weaknesses in the prosecution’s allegations and build the strongest possible defense.

If you’re facing child abuse charges in California, don’t wait to get help. Contact us today for a confidential consultation. We are committed to providing the fierce advocacy you need to protect your freedom and your future.