California Penal Code 273(d) | Child Abuse
Posted in California Law,Child Abuse on August 8, 2024
There is a thin line between what the law considers discipline and abuse when it comes to children. What may have been an attempt to discipline your child may have turned into a criminal charge that has gotten out of hand. If you are facing accusations of child abuse, an experienced Riverside child abuse attorney from the Law Offices of Graham D. Donath, APC can help. Here is what you need to know about this criminal offense.
How Does California Law Define Child Abuse?
California Penal Code 273(d) states that it is a crime to willfully inflict upon a child “any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition.” To convict someone of this offense, the prosecutor must prove the following legal elements by proof beyond a reasonable doubt:
- The defendant willfully inflicted cruel or inhuman physical punishment or injury on a child; or
- The child suffered a wound or other bodily injury caused by the application of physical force
Examples of situations that could result in child abuse charges include:
- Hitting a child so that it results in extensive bruising and swelling
- Forcefully shaking a baby
- Choking a child during a heated argument
- Burning a child with cigarettes
- Throwing something at a child
These cases tend to rely on specific details involved in the case. It is paramount to have an experienced criminal defense lawyer on your side who can defend you against these charges and the harshest penalties.
Penalties for Child Abuse
The child abuse law states that anyone who is found guilty of the offense can be sentenced to two, four, or six years in prison or up to one year in a county jail, along with a fine of up to $6,000. If the defendant has a previous conviction for child abuse, they can receive up to four additional years imprisonment.
If the defendant is sentenced to probation, the court can impose additional conditions, including:
- Compliance with orders of protection
- Counseling
- Parenting classes
- Court fines
- Drug testing
- Regular visits with a probation officer
If the defendant fails to comply with the terms of probation, the judge can revoke probation and send them to jail.
Being convicted of child abuse can also bar a defendant from certain professions and from obtaining certain professional licenses. Additionally, the conviction can affect their child custody rights.
Are There Defenses to Child Abuse Charges?
Because the potential consequences of a conviction for child abuse can be so severe, it is vital that you work closely with an experienced criminal defense lawyer who may be able to raise defenses such as:
- False accusations – The child’s other parent may have fabricated or exaggerated claims to try to gain an upper hand in child custody proceedings. They may have even convinced your child to lie about what happened.
- Reasonable discipline – You could have been applying reasonable discipline rather than abusing your child. Parents have the right to discipline their children and to use corporal punishment. It is up to the prosecution to establish if abuse occurred.
- Accidental injury – Child abuse involves willful conduct. If the injury was accidental, you may be able to raise this as a defense.
Contact a Riverside Child Abuse Lawyer for a Free Case Review
If you would like to discuss your situation with a board-certified criminal defense attorney, contact the Law Offices of Graham D. Donath, APC by calling (951) 667-5293 for a free consultation.
