Home About Me Criminal Defense DUI Defense Resources and LawsInvocation of Rights Card Blog Videos Contact

Child Abuse in Florida

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

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

Definition of Child Abuse

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

1. Intentional infliction of physical or mental injury upon a child;
2. An intentional act that could reasonably be expected to result in physical or mental injury to a child; or
3. Active encouragement of any person to commit an act that results in, or could reasonably be expected to result in, physical or mental injury to a child.

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

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

Penalties for Child Abuse

The crime of Child Abuse is a Third Degree Felony and is classified as a Level 6 offense under Florida's Criminal Punishment Code.

If convicted of Child Abuse, a judge can impose any combination of the following penalties:

• Up to five (5) years in prison.
• Up to five (5) years of probation.
• Up to $5,000 in fines.

Defenses to 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.

---

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 Since the law is continually changing, some of the provisions contained here may be out of date.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

Serving all of the Tampa Bay Area and Throughout Florida.

Free Invocation of Rights Cards
Know Your Rights!

---

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

---