This crime may be charged as either a felony or a misdemeanor.
In California, domestic violence includes a number of different crimes. Most of these crimes are related to harm or threats of harm against an intimate partner (such as a former or current romantic partner). However, certain types of harm against children are also considered domestic violence — including corporal injury on a child, which may also be referred to as child abuse.
As a child abuse defense lawyer in Santa Ana, CA can explain, corporal injury on a child is defined as the willful infliction of either a cruel or inhuman corporal punishment or an injury that results in a traumatic condition. Under this law, a corporal punishment is any type of physical punishment, such as spanking. A traumatic condition is a wound or other injury to the body that was caused by the application of physical force. A person inflicts an injury willfully if whatever they did to cause the injury was done on purpose — even if they did not intend to break the law or hurt the child.
Under California law, a number of different things are considered child abuse, including throwing objects at a child, slapping, pushing, shaking, hitting, and choking. Importantly, these are just some examples of acts that may be considered child abuse. Any action that causes injury to the minor may be considered child abuse if it causes a traumatic condition or is “cruel and inhuman.”
According to a child abuse defense lawyer in Santa Ana, CA, despite this law, parents still have the right to discipline their children. Spanking is not child abuse if it is done for disciplinary purposes and it is not excessive under the circumstances. This includes both spanking with a bare hand or spanking with an object. However, even if you believe that your actions were disciplinary in nature, if you are charged with this crime and go to trial, a jury may disagree — and you may be convicted of child abuse as a result.
Child abuse is a wobbler offense. It can be charged as either a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history, including any prior charges related to domestic violence and/or child abuse. If it is charged as a misdemeanor, it is punishable by up to 1 year in county jail and/or a fine of up to $6,000. As a felony, a sentence of between 2 and 6 years in prison and/or a fine of up to $6,000 may be imposed. A jail sentence may be increased by 4 years if the defendant has a prior child abuse conviction.
If you have been charged with child abuse or a related offense, there are possible defenses, including that the alleged child abuse was actually discipline. If you have been charged with this crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a child abuse defense lawyer in Santa Ana, CA.
