Child Abuse Charges in Florida

Many charges of child abuse in Florida are often made erroneously when the full circumstances of a child injury are not understood. If you are charged with child abuse in Florida, you must take these charges very seriously, as they can result in much more than just fines and jail time.

A Miami criminal defense attorney should be the first contact you make after you have been accused of charges of child abuse. The Florida statutes have 3 stages of offenses against children, including child abuse, aggravated child abuse, and child neglect. Your attorney can explain your options for fighting the charges, potentially agreeing to a plea deal for lesser charges, or even having your child abuse charges dismissed if the evidence is insufficient.

Laws Regarding Child Abuse in Florida

The Florida statutes define child abuse as:

“A willful or threatened act resulting in physical, mental or sexual injury or harm, causing or likely to cause impairment of physical, mental or emotional health.”

A child is further defined as any unmarried person under the age of 18 who has not been emancipated by order of the court. The child victim does not have to be related to the defendant accused of the abuse and can be any minor victim.

Certain professionals are required by law to report suspected child abuse in Florida. This includes:

• physicians;
• mental health professionals;
• social workers;
• law enforcement officers;
• judges;
• teachers; and
• other school personnel.

These reports generally go to the Department of Children and Family Services (DCF) who may then conduct further investigation into the accusation. Neighbors and family members may also report suspicion of child abuse to the DCF, although they are not required by law to do so.

Because anyone may report suspicions of child abuse, including the child themselves, there are many cases where misconstrued situations turn into charges of child abuse. If you find yourself in this situation you should contact a Miami criminal defense attorney immediately to help avoid making the situation worse.

Fighting Charges of Child Abuse in Florida

If you are found guilty of child abuse your punishment can range from a 3rd degree florida felony charge with prison time up to 5 years to a 2nd degree felony with prison time up to 15 years. The charges will vary depending on other circumstances involved, such as the extent of the abuse and your prior criminal history.

The penalties against you are not the only dangers you face when charges of child abuse in Florida are being brought against you. There is a chance your custody rights may be removed by court order. Your child may be placed in foster care or with another relative during your trial, and may not be returned if you are found guilty of child abuse or neglect.

Charges of child abuse in Florida are serious and the consequences of a wrongful accusation may hurt not only your criminal record, but also cause problems for you and your family. You should speak with a Miami criminal defense attorney following your arrest to make sure you do not harm your case and learn more about your options for fighting the charges.