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Child Abuse

Miami Child Abuse / Neglect Lawyer

Scales of justice

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.

*Click Here to view the DUI Law for the State of Florida*

Our Law Offices are Located at:

Broward Office
(As of March 28, 2014)

Law Offices of Gilbert & Smallman PLLC
3475 Sheridan St. #301
Hollywood, FL 33021
Cell: (954) 661-7371
Office: (954) 251-3106
Fax: (954) 404-6003

Miami Office

Law Offices of Gilbert & Smallman PLLC
The White Building
One Northeast Second Ave,
Suite 200
Miami, FL 33132
Cell: (786) 371-4431
Office: (786) 863-8568

Tallahassee Office

Law Offices of Gilbert & Smallman PLLC
909 East Park Avenue
Tallahassee, FL 32301
Phone: (850) 391-7045
Fax: (850) 391-6152

North Miami Office

Law Offices of Gilbert & Smallman PLLC
12550 Biscayne Blvd, Suite 800
North Miami, FL 33181
Office: ((786) 863-8568
Cell: (786) 371-4431
Fax: (954) 404-6003