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Aggravated Child Neglect in Florida

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

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

Definition of Aggravated Child Neglect

The crime of Aggravated Child Neglect occurs:

1. When a caregiver willfully or by culpable negligence fails to either:
   • Provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health that a prudent person would consider essential for the well-being of the child; or
   • Make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
2. And in failing to do so, causes great bodily harm, permanent disability, or permanent disfigurement to the child.

A child is defined as any person under the age of 18 and a caregiver is defined as a parent, adult household member, or other person responsible for the child's welfare.

Neglect of a child may be based on repeated conduct or on a single incident or omission that results in, or could reasonably be expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

Penalties for Aggravated Child Neglect

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

If convicted of Aggravated Child Neglect, 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 Neglect

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

Simple Neglect

The degree of negligence required to sustain a conviction for Child Neglect is as high as that required for the imposition of punitive damages in a civil action; thus simple negligence will not support a Aggravated Child Neglect conviction; even if the negligence causes great bodily harm, permanent disability, or permanent disfigurement to the child.

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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

Serving all of the Tampa Bay Area and Throughout Florida.

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

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