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Aggravated Child Abuse in Florida

If accused of Aggravated Child Abuse in Florida, you need to know the:

• Definition of Aggravated Child Abuse
• Penalties for Aggravated Child Abuse
• Defenses to Aggravated Child Abuse

Definition of Aggravated Child Abuse

The crime of Aggravted Child Abuse can be committed in one of three ways by either:

1. Committing an aggravated battery on a child;
2. Willfully torturing, maliciously punishing, or willfully and unlawfully caging a child; or
3. Knowingly or willfully abusing a child and in so doing causing great bodily harm, permanent disability, or permanent disfigurement to the child.

A child is defined as any person under the age of 18.

Importantly, there is no requirement that the Aggravated Child Abuse must be committed by a person in a parental or custodial relationship to the victim, thus what might be charged as a Felony Battery if the child was an adult, can instead be charged as Aggravated Child Abuse at the prosecutor's discretion.

Penalties for Aggravated Child Abuse

The crime of Aggravated Child Abuse is a Second Degree Felony and is classified as a Level 8 offense under Florida's Criminal Punishment Code.

If convicted of Aggravated Child Abuse, a judge is required to impose a minimum prison sentence of 34½ months in prison and can additionally impose any combination of the following penalties:

• Up to fifteen (15) years in prison.
• Up to fifteen (15) years of probation.
• Up to $10,000 in fines.

Defenses to Aggravated Child Abuse

In addition to the pretrial and trial defenses that can be raised in any criminal case, a specific defense to the crime of Child Abuse is:

Parental Privilege

A parent or one standing in loco parentis (such as a teacher) had the right to reasonably discipline a child under his or her control and authority. However, if injuries more serious than minor bruising occur as a result of the discipline, the parental privilege does not apply.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

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William S. Foley, P.A.
Divorce and Family Law

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