Child Abuse Defense Attorney

Hiring an child abuse attorney should be the first item on your checklist. An experienced defense attorney will know how to protect your rights and fight for your interests.

In California, for the prosecution to prove you committed child abuse, they must have evidence indicating you:

1. Willfully or intentionally inflicted “cruel or inhuman” physical punishment on a child;
2. The physical contact caused a traumatic physical condition; and 
3. When you were engaging in physical contact, it was not reasonable or necessary for disciplining the child.

A related charge you should be aware of is child endangerment, which is considered to be an indirect form of child abuse. Specifically, child endangerment can be charged if a child is allowed to witness the physical abuse of another.

As indicated above, child abuse charges are typically only viable if there is evidence that you intended to do the act and the act causes physical injury to a child.  Some of the acts that have the potential to cause physical injury and thus come under this charge include the following:

• Punching or slapping a child;
• Throwing an item at a child;
• Pushing a child; 
• Throwing a child; or
• Choking a child

When it comes to the legal process for child abuse cases in Marin County, law enforcement will likely become involved following notice of potential abuse by a mandatory reporter (e.g., a teacher, nurse, etc. who notices injuries on a child or is told by the child that they are being abused at home). Law enforcement will conduct an investigation and will likely interview the parents and children in the home. In addition, the allegations will likely be referred to the Marin County Department of Children and Family Services (“DCFS”). The DCFS will conduct their own investigation and may recommend that the child, or children, be removed from the home and placed into a safe environment.

The matter will then be referred to a state prosecutor reviewing the case to determine if criminal charges will be filed. If the underlying conduct involves especially egregious conduct, or if you have a documented history of violent behavior, the prosecutor may opt to file felony child abuse charges. In other cases, the prosecutor may decide to file misdemeanor child abuse charges.

If you are charged with felony child abuse, a conviction could result in a lengthy prison sentence between six and 10 years (the 10-year sentence is typically reserved for defendants previously convicted of child abuse). If, on the other hand, you are charged and convicted of misdemeanor child abuse, then you could be ordered to serve time in jail and be required to complete mandatory parenting courses.

The long-term impact of a child abuse conviction on your record can be significant and haunt you for years. For example, a criminal conviction could hinder your eligibility for employment in areas such as nursing, teaching or child care. A criminal conviction can also impact your ability to secure housing, apply to educational institutions, or maintain certain professional certifications. A criminal conviction can also impact your ability to vote and own firearms in the State of California. 

As you can see, being charged and convicted of child abuse in Marin County is serious and can have life-altering ramifications. This is why retaining the services of a knowledgeable and experienced Marin County child abuse defense lawyer like Kevin Heaney is so important. You owe it to yourself to have top-notch legal representation. 

These serious criminal charges must be effectively and aggressively defended to protect your rights and future. This is where having a child abuse defense lawyer in California on your side can help. 

The defense strategy deployed by your Marin County child abuse lawyer will be based on an in-depth investigation and evaluation of the facts, police reports, witness statements, social service records, other forensic information, and testimony. Your child abuse defense attorney will then work to build your case and be prepared to present relevant evidence to a carefully selected jury of your peers.