Miami Child Abuse & Neglect Attorney

Whether you or a loved one has been arrested or is under investigation for child abuse or child neglect, it is critical to consult with an experienced Miami child abuse attorney as soon as possible to ensure your rights are protected. Child abuse is a serious crime in Florida and is punished severely under state law. Criminal penalties in Florida can include imprisonment, fines, and other consequences. If you have been accused of child abuse in Florida, it is essential to seek the advice of an experienced criminal defense attorney as soon as possible to protect your rights.

What is Child Abuse Under Florida Law

Child abuse charges are felony offenses in Florida and are punishable by criminal and civil penalties. The specific penalties depend on the nature of the abuse and any aggravating factors that may be present. Miami child abuse & neglect attorneyFor example, if the abuse resulted in serious bodily injury to the child, the penalties may be more severe. Florida’s child abuse law defines child abuse as intentional or negligent acts or failures to act (child neglect) that cause a child’s physical, emotional, or mental injury. This includes physical abuse, sexual abuse, emotional abuse, and neglect:

  • Physical abuse: Intentional infliction of physical harm to a child, or any intentional act that could reasonably be expected to result in physical injury to a child, or any act that actively encourages another person to commit an act that could reasonably be expected to result in physical injury to a child.
  • Sexual abuse: Any sexual act that is committed against a child or sexual act that is committed against a child.
  • Emotional abuse: Any intentional act that could reasonably be expected to result in mental injury to a child or active encouragement of another person to commit an act that could reasonably be expected to result in mental injury to a child.
  • Neglect: The failure or omission of a “caregiver” to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including food, nutrition, clothing, shelter, supervision, medicine, and medical services that a reasonable person would consider essential for the child’s well-being. “Caregiver” means a parent, adult household member, or other person responsible for a child’s welfare.” Neglect can also include failing to reasonably protect a child from abuse, neglect, or exploitation by another person.

In addition to facing criminal penalties if convicted, individuals who are found to have engaged in child abuse may also face civil liability for their actions.

Penalties for Child Abuse & Neglect in Florida

The possible penalties for a child abuse accusation in Florida depend on the nature of the alleged abuse and any aggravating factors that may be present. Criminal charges fall into four categories:

  • Aggravated child abuse: This is the most serious allegation of child abuse and occurs when a person commits aggravated battery on a child, willfully tortures, maliciously punishes, or unlawfully cages a child, or knowingly or willfully abuses a child and and causes great bodily harm, permanent disability, or permanent disfigurement to the child. Aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison and a fine of up to $10,000.
  • Willful or negligent child neglect causing great bodily harm, permanent disability, or permanent disfigurement: This occurs when a person willfully or negligently neglects a child and causes great bodily harm, permanent disability, or permanent disfigurement to the child. Willful or negligent child neglect causing great bodily harm, permanent disability, or permanent disfigurement is a second-degree felony, punishable by up to 15 years in prison and a fine of up to $10,000.
  • Knowingly or willfully child abuse without causing great bodily harm, permanent disability, or permanent disfigurement: This occurs when a person knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child. Knowingly or willfully child abuse without causing great bodily harm, permanent disability, or permanent disfigurement is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.
  • Willful or negligent child neglect without causing great bodily harm, permanent disability, or permanent disfigurement: Child neglect occurs when a person willfully or negligently neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child. Willful or negligent child neglect without causing great bodily harm, permanent disability, or permanent disfigurement is a third-degree felony, punishable by up to 5 years in prison and a fine of up to $5,000.

Legal Defenses to Child Abuse in Florida

If you have been accused of child abuse in Florida, there may be several legal defenses that you can raise to defend yourself against the charges. Some common legal defenses to child abuse in Florida include:

  • Accidental injury: The injury to the child was accidental and not the result of abuse or neglect.
  • Reasonable physical discipline: It is not a crime for a parent or a person acting in place of a parent to impose reasonable physical discipline on a child for misbehavior, even if the discipline results in physical injury to the child.
  • Lack of knowledge or intent: You did not know that your actions or failure to act would harm the child.
  • False allegations: In some cases, child abuse allegations may be false or exaggerated. If you can provide evidence that the allegations against you are false, you may be able to defend against the charges.
  • Not a “caregiver:“ In cases of child neglect, to be found guilty of neglect of a child, you must be a “caregiver” to the child.

Contact an Experienced Miami Child Abuse Attorney

If you are facing accusations of child abuse or neglect in Miami-Dade County, it is crucial to seek legal representation from an experienced Miami child abuse lawyer. These types of cases can be complex, and the outcome will depend on the specific circumstances of your case. By seeking the guidance of a qualified defense attorney, you can protect your rights and fully understand your options. Don’t wait to get the help you need—contact our firm as soon as possible to discuss your case. You can help to minimize the chances that your child abuse case will have lasting consequences for your career, personal life, and reputation.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545,  or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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