Child Abuse

Tampa Child Abuse Attorney

If you have been arrested for child abuse, aggravated child abuse in Florida, contact an experienced Tampa criminal defense attorney to defend you against these child abuse or aggravated child abuse charges in Tampa or Plant City, Hillsborough County, Clearwater or St. Petersburg, Pinellas County, Bradenton, Manatee County, Bartow, Polk County, Dade City or New Port RIchey, Pasco County or Brooksville, Hernando County, FL.

Never make a statement to law enforcement about an allegation of child abuse until after you have spoken with an attorney. If you would like to speak directly with a child abuse lawyer at the Sammis Law Firm then call 813-250-0500 today.

Any allegation of child abuse is serious because potential criminal punishments under Florida law related to the criminal charge, and also because a child protection investigator with the Florida Department of Children and Families may attempt to terminate your parental rights based on the allegation or demand that you take certain actions such as attending parenting classes or family counseling.

Under Florida Statutes Section 827.03, the crime of child abuse or aggravated child abuse may be charged as a felony criminal offense with the exact charge depending on the nature of the alleged mental or physical injury to the child.

Child Abuse under Florida Law

A man or woman who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable by five years in Florida State Prison and a $1,000 fine.

For the charge of child abuse, the prosecutor for the State of Florida must prove two elements at trial beyond a reasonable doubt. First, the alleged victim must be under the age of 18. Secondly, the person accused must have done one of the following:

1. intentionally inflicted physical or mental injury upon the alleged victim;
2. committed an intentional act that could reasonably be expected to result in physical or mental injury to the alleged victim; or
3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or mental injury to (victim).

Aggravated Child Abuse (Aggravated Battery) Florida Statutes Section § 827.03

Aggravated Child Abuse is a felony in the first degree punishable by 30 years in Florida State Prison. In order to prove the crime of Aggravated Child Abuse by committing Aggravated Battery upon a child, the prosecutor for the State of Florida must prove the following three elements beyond a reasonable doubt. The first element is a definition of battery.

1. The Defendant committed a battery against the child by intentionally striking the child against the child's will causing harm to the child;
2. While committing the battery, the Defendant did one of the following:
   
   • Intentionally or knowingly caused victim either great bodily harm; permanent disability; or permanent disfigurement; or
   • Used a deadly weapon, which is defined as a weapon used or threatened to be used in a way likely to produce death or great bodily harm.

Aggravated Child Abuse:

A person who commits aggravated child abuse commits a felony of the first degree punishable by 30 years in Florida State Prison. "Aggravated child abuse" can also occur when a person:

1. Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
2. Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.

"Neglect of a child" under Florida Law

1. A caregiver's failure or omission to provide a child with the care, supervision, and services necessary to maintain the child's physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child; or
2. A caregiver's failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person. 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.
3. A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
4. A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Under the child abuse statute, the term "maliciously" means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury.

If you have been accused of child abuse or aggravated child abuse, contact an experienced criminal defense attorney at the Sammis Law Firm. Call 813-250-0500 to find out what you need to do right now to protect yourself and your family against this serious allegation.

When Does Spanking a Child Constitute "Child Abuse" under Florida law?

Proverbs 13:24 instructs us that "He who spares the rod hates his son, but he who loves him is careful to discipline him." However, in Florida using the rod for careful discipline may result in a child abuse investigation. The unwritten rule used by law enforcement, child protective services, and the prosecutors with the State Attorney's Office is that if the spanking (corporal punishment) left a mark anywhere other than the buttocks, then the act can constitute "child abuse" under Florida law. However, that unwrittenrule leads to many innocent parents being arrested for charges that can not ultimately be proven.

At common law, one standing in loco parentis had the right “to moderately chastise for correction a child under his or her control and authority.” Raford v. Florida, 828 So.2d 1012, 1015 n. 5 (Florida 2002). Nothing in section 827.03, or any related Florida statute, abolishes that right.

In Raford v. State, 828 So.2d 1012 (Fla.2002), the Florida Supreme Court reviewed the case law interpreting Florida's child abuse laws and their interplay of those laws with the common law parental privilege of corporal punishment. As the majority correctly notes, Raford recognized that, at common law, 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.

Citing this language in Raford, the Florida Supreme Court concludes that “[n]othing in section 827.03, or any related statute, abolishes that right. While a teacher may be subject to disciplinary charges for violating the school board's employment policy, that policy should not trump the argument that certain conduct has not violated the criminal law.”

The "Parental Authority" Defense for Florida Child Abuse Cases

Since any offensive touching is a battery under Florida law, what happens when parents spank their child? Technically speaking, they can assert Florida's "parental authority" defense.

Consistent with Florida's child abuse statutory scheme, and pursuant to the Florida Supreme Court's decision in Raford, a defendant charged with child abuse under 827.03(1) may raise as an affirmative defense the parental privilege of corporal punishment by establishing that:

1. defendant is the parent of the child or one who stands in loco parentis;

2. defendant's actions constitute corporal punishment; and

3. the corporal punishment utilized was “reasonable” or “nonexcessive.”

Under the "logo parentis" doctrine recognized under Florida Law, conveys this right for any person standing in for parent, including relative babysitting child, teacher.

Element of Florida's Child Abuse Statute and Factors Involved in Prosecuting Case

This unwritten rule used by law enforcement is often a much lower standard than "intentionally inflicting physical injury" or "committing an intentional act that could reasonably be expected to result in physical injury." Futhermore, Florida law recognizes a parent's right to discipline a child with a spanking.

Factors considered in any child abuse investigation involving a parent spanking a child include:

1. The age of the child;
2. The number of times the child was struck;
3. The manner in which the child was struck and whether an object such as a belt, rod, or switch was used;
4. Whether the spanking left a mark such as a red mark, abrasion, bruise or welt;
5. Any history of prior allegations of child abuse or neglect; and
6. The parents criminal history or lack thereof.

If you are being investigated for spanking your child in Florida, it is important to speak to a qualified child abuse attorney in the Tampa Bay area to discuss ways that you can protect yourself, your child and your family from this serious allegation.

Contact an Experienced Child Abuse Attorney in Tampa

For a lawyer experienced in fighting allegations of child abuse in Tampa, Hillsborough County, FL, contact the Sammis Law Firm to discuss your case today. Our attorneys represent men and women charged with child abuse in Tampa, Plant City, St. Petersburg, Clearwater, Bartow, New Port Richey, Dade City, and Bradenton, FL, in Hillsborough County, Pinellas County, Manatee County, Polk County, and Pasco County, Florida.

Related Florida child abuse charged:

Leaving a child unattended in a motor vehicle - find out more about this serious charge under Florida law that was created to address the serious problem of parents leaving a child in a vehicle, even for a short period of time. Heat stroke or even death can occur if the child is left in the vehicle for too long. Many times this occurs when a parent exits a vehicle not realizing that the child is sitting in the back seat. In many of these cases, the child is sitting in a rear facing car seat and goes unnoticed when the parent is distracted (especially when the parent's normal routine is unexpectedly changed).