Child Physical Abuse Charges
Child physical abuse is taken very seriously by professionals in variety of fields. The federal government requires doctors, nurses, therapists, teachers, librarians and other caretakers to report suspected cases of abuse. If your child has unusual or unexplained injuries, you could be accused of child physical abuse, be charged, tried and could face a jail or prison sentence.
The Innocence Legal Team can protect you from such false allegations. With nearly four decades of experience, we know that parental abuse is very rare. We also know that the damage of such allegations will ruin your life and sever your relationship with your children.
Decades of Successful Criminal Defense
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Child physical abuse charges can originate with a family’s disciplinary practices, such as spanking or other corporal punishment, from bruises or marks, or internal injuries that cannot be readily explained. Charges of physical abuse are difficult to defend because
- the laws do not provide clear definitions as to what constitutes actual child physical abuse;
- false accusations are easy to make, especially if there is bruising, swelling or other marks;
- California’s Child Protective Services can take children away from a parent once an allegation has been made, even if it is false.
- The DA’s office, together with CPA, begin investigations of child physical abuse by believing the allegations are true.
Once in foster care, children are interviewed repeatedly with leading or suggestive questioning that helps to falsify information, not find the truth. You can be charged and jailed and have little or no contact with the children, even if you did not commit a crime.
If You Have Been Accused
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Felony convictions of child physical abuse can be punished with up to 6 years in prison. If you suspect you may be accused, have been charged or contacted by the District Attorney’s office, you need immediate legal representation. The biggest mistake that our clients make is thinking an investigator will believe them when they try to explain what happened.
Investigators are master interviewers and what you say will be used against you during a trial. That is why the Innocence Legal Team warns you not to have any contact with the police or DA’s offices without an attorney. Do not involve yourself in any of the following:
- Pretext Phone Call: The police may have a family member call you to coerce you into apologizing for something you did not do. Your apology will not dismiss the charges against you or appease the person making the allegations. Your apology will only make you look guilty to a jury.
- Search and Seizure: Do not interfere with or resist search and seizure efforts by the police.
- Police Interviews: You are under no obligation to speak to the police so do not be tempted to explain what did or didn’t happen to investigators. At this point, only the evidence matters and you must rely on defense experts to protect you and your family.
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The cause of injuries to children is often difficult to determine, especial if the children involved are pre-verbal. Your defense team must build a comprehensive case based on unbiased scientific data in order to prove your innocence. Most important, using the best resources available is the only way of truly protecting your children.