Father Hitting Young Daughter – domestic violence
In California, spanking or employing other forms of corporal punishment on your child isn’t necessarily deemed unlawful. However, the crucial determinant lies in the degree of the punishment: it must not be excessive. Keep reading to learn more about this line and then contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Identifying the Threshold Between Discipline and Abuse
Courts typically delineate the boundary at the point of inflicting visible injury. Should your child sustain an observable injury, it likely shifts from being seen as reasonable discipline to being classified as child abuse. Spanking that is deemed excessive or unreasonable could lead to child abuse accusations, instigation of a juvenile dependency case, and possibly criminal charges.
Child Abuse: Definition and Penalties
As defined by the California Penal Code 273d PC, child abuse transpires when:
- Cruel or inhuman corporal punishment is willfully inflicted upon a child.
- An injury resulting in a traumatic condition is inflicted.
A “traumatic condition” refers to a wound or other bodily injury caused by the direct application of physical force. “Willfully inflicted” means the act causing the injury was done intentionally, although there’s no requirement to prove intent to injure or break the law.
If convicted of child abuse, it can be charged either as a felony or a misdemeanor. Penalties can include jail time, from one year (for misdemeanors) up to six years (for felonies), and/or a fine of up to $6,000.
Mandatory Reporters in California
Certain professions in California are bound by mandatory reporting laws, compelling them to report suspected cases of child abuse or neglect. These mandatory reporters include teachers, medical professionals, law enforcement officers, and social workers. Failure to report suspected child abuse by a mandated reporter can result in criminal charges.
Defending Against Child Abuse Accusations
Several legal defenses and strategies can be deployed if you face accusations of child abuse in California. These include:
- Claims of false allegations.
- The child’s injuries were caused by something other than abuse.
- You were acting within your legal rights to discipline your child.
- The injury was accidental.
Is Spanking with an Object Legal?
Using an object to spank a child is permissible in California, provided it is justifiable. This means that a reasonable person would deem the punishment necessary under the circumstances, and the spanking method used was reasonable.
Potential Charges for Excessive Spanking
If spanking is overly harsh or not intended for disciplinary purposes, child abuse charges could be filed. To secure a child abuse conviction in California, the prosecutor must prove beyond a reasonable doubt that:
- You willfully inflicted cruel or inhuman physical punishment, or injury, on a minor.
- The punishment or injury inflicted resulted in a traumatic physical condition.
- You were not reasonably disciplining the minor when you acted.
Consequences of Excessive Spanking
Depending on the specifics of the case and your criminal history, charges of child abuse for excessive spanking could be classified as either a felony or a misdemeanor. The penalties are similar to those detailed above. Probation is possible, and typically includes conditions such as a protective order, completion of a child abuser’s treatment counseling program, and a probation period of at least three years.
Defenses to Excessive Spanking Charges
Yes, there are defenses available if you’re charged with child abuse for excessive spanking. These largely mirror the general defenses against child abuse accusations. Your criminal defense attorney can help you find the best defense to these charges. Contact Chambers Law Firm at 714-760-4088.
