Attorney Representation in Miami and Fort Lauderdale Since 2003
Fort Lauderdale - Miami Criminal Attorney
» Child Abuse / Neglect
In the State of Florida if you are charged with Child Abuse
the potential penalties are severe,
including up to life in prison if the Abuse is determined
to be willful and aggravated.
If you or someone you care about has been charged with Child Abuse contact one of our attorneys and we will setup a free confidential consultation ASAP. We have offices conveniently located in both downtown Miami and downtown Fort Lauderdale so we can provide you the best criminal defense in the State of Florida. When your life is at stake for a charge such as Child Abuse, your best chance at regaining your freedom is by talking with one of our experienced counselors at law. Call us now and you will speak directly to a Miami or Fort Lauderdale criminal defense attorney.
At Gilbert and Smallman we understand how communication is the key to success. Please see below for the Chapter and Statute for Child abuse.
CHAPTER 827
ABUSE OF CHILDREN
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.
827.03 Abuse, aggravated abuse, and neglect of a child; penalties.--
(1) "Child abuse" means:
(a) Intentional infliction of physical or mental injury upon
a child;
(b) An intentional act that could reasonably be expected to
result in physical or mental injury to a child; or
(c) Active encouragement of any person to commit an act that
results or could reasonably be expected to result in physical or mental
injury to a child.
A person 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 as provided in s. 775.082,
s. 775.083, or s. 775.084.
(2) "Aggravated child abuse" occurs when a person:
(a) Commits aggravated battery on a child;
(b) Willfully tortures, maliciously punishes, or willfully
and unlawfully cages a child; or
(c) Knowingly or willfully abuses a child and in so doing causes
great bodily harm, permanent disability, or permanent disfigurement to
the child.
A person who commits aggravated child abuse commits a felony of the first
degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3)(a) "Neglect of a child" means:
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.
(b) 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.
(c) 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.
(4) For purposes of this section, "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.
827.035 Newborn infants.
827.04 Contributing to the delinquency or dependency of a child;
penalty.
827.06 Nonsupport of dependents.
827.071 Sexual performance by a child; penalties.
827.08 Misuse of child support money.
Our Law Offices are Located at:
Miami Office
One Northeast 2nd Avenue, Suite
200
Miami, Florida 33132
Fort Lauderdale Office
200 Southeast 6th Street, Suite
300A
Fort Lauderdale, FL 33301
