Child abuse occurs when you willfully inflict an inhuman or cruel corporal punishment or injury on a child, causing the child to suffer a traumatic condition. According to the California penal code, this is a wobbler offense, meaning the DA can charge it as a felony or misdemeanor. Their decision could be based on the facts of the case and a defendant’s criminal history. Additionally, if you have prior convictions for child abuse or related charges in your record, your current charge will likely be more severe.
A felony conviction for child abuse will likely result in a lengthy prison sentence of two, four, or six years and a hefty court fine. You will also face other life-changing consequences, including a damaging criminal record and loss of gun rights. This information prepares you for what to expect and helps you plan your defense. You can partner with a competent criminal defense attorney for proper planning and to navigate the complex legal processes successfully after your arrest.
When Does Child Abuse Become a Felony?
When you are reported for child abuse, the prosecutor considers several factors in determining the proper charges to file against you. This is because child abuse is a wobbler under California PC 273(d). When you willfully inflict an inhuman or cruel punishment on a minor, and you cause them to suffer a traumatic condition, the details of your case will determine the correct charge the DA must bring against you. They could consider the severity of the abuse, how long you have committed the crime, and the damage or injury the minor suffered through your actions. Here are the main factors the prosecutor considers when filing your case in court:
The Extent of Physical Injuries the Victim Sustains
The gravity of the crime, which mainly determines whether you will face misdemeanor or felony charges, is largely determined by the extent of physical injuries your victim sustains. Remember that the legal definition of child abuse includes infliction of cruel punishment that leads to a traumatic condition. Your actions must cause an injury or a traumatic condition to the victim. The severity of that traumatic condition will determine the prosecutor’s charges.
A traumatic condition, as used in this law, refers to any physical condition, like a bodily injury or wound, that occurs when a person directly applies physical force to another. The condition can be mild or severe, depending on the degree of force the perpetrator uses against the victim. Any bodily injury you inflict on a child counts. Thus, if your actions against a child result in a physical injury, however slight, the prosecutor can file charges against you under this statute. The presence of a bodily injury indicates the infliction of severe force against the child, which is a grave offense.
Children need care and protection because they cannot care for or protect themselves. Adults are charged with this responsibility. If a child’s biological parents cannot care for or protect them, family courts assign the responsibility to another person. Taking advantage of your access to a child to inflict physical force on them to the extent of injuring them is a grave felony.
The Nature of Child Abuse
The legal definition of child abuse is very general. There are many ways a person can inflict physical force or inhuman punishment on a child. Some people do it by slapping a child once out of anger, while others continuously hit a child with a belt to discipline them. A one-time occurrence is not as grave as continuous abuse. Thus, the prosecutor will consider such details when filing charges against you.
The prosecutor will likely bring felony charges against you if your actions show particular cruelty or abuse against a child. For example, if you have been abusing the child for a specific period and the abuse was severe, you will face felony charges. Some child abuse acts are also more severe than others. For example, if your actions also include sexual abuse, the charges and possible penalties will be grave.
Your Criminal Record
Prosecutors almost always consider a defendant’s criminal history in determining the proper charges to file against them for particular offenses. Thus, your criminal history can determine whether you will face misdemeanor or felony charges for child abuse. If you have one or more child abuse convictions in your criminal record, the prosecutor will likely file felony charges against you.
The Possible Penalties of a Felony Conviction for Child Abuse
Penalties for child abuse will occur if the court finds you guilty of a felony under PC 273(d). The DA must prove all the elements of this offense to obtain a guilty verdict. The elements that constitute the legal definition of child abuse are as follows:
- That you willfully inflicted a humane or cruel punishment or injury on a child (below 18)
- The punishment or injury caused the child to sustain a traumatic condition
- You were not considerably disciplining the child during the commission of this crime
If the DA proves all these elements beyond a reasonable doubt and the facts of the case support a felony conviction, you will likely receive these penalties after a conviction:
- A prison sentence of two, four, or six years, or
- Felony probation
- A fine of not more than $6,000
A prison sentence of two, four or six years will significantly impact your life. That is a very long time to be away from work, business, or family. Many people lose their jobs immediately after they are charged with a grave felony like child abuse. Others lose the support of their family. You will face difficulties rebuilding your life after the prison sentence. However, you can avoid all that with a solid defense and the help of your skilled criminal attorney. A strong defense can result in a favorable outcome. The judge can dismiss or reduce your charges to a more lenient charge with less severe penalties.
The judge can sentence you to probation instead of prison. If this happens, you will be lucky to serve your sentence from home and not in detention. You can continue working, caring for your family, or operating a business. However, you must adhere to all the probation conditions the judge will set during sentencing.
Felony probation can last for up to five years. The judge can order you to pay restitution to the victim or the affected family, not to engage in crime during that period, and to participate in community work. The judge will also place you under a probation officer. You must meet with your officer periodically for progress reports. Your officer will closely monitor your performance and report it to the court. If you violate your probation, they will notify the judge right away. The judge can call for a hearing to determine the proper action due to your probation violation. Here are some of the resolutions they can make during this hearing:
- Continue the probation on the same terms and conditions but with a strict warning against more violations.
- To continue the probation but set new and more stringent probation conditions.
- To discontinue probation and send you to prison for the recommended period for this crime
Other Consequences of a Felony Conviction for Child Abuse
A felony conviction for child abuse can be subject to sentence enhancement if you have prior convictions for the same offense. Sentencing enhancement increases your prison sentence and other penalties. The judge can enhance your sentence based on the details of your case and the number of prior convictions in your criminal record. Generally, you will receive an additional four years to your prison sentence, which you must serve consecutively with the sentence for the underlying offense. However, this can change if the prior conviction was more than ten years ago and you have not been sentenced to another felony since.
Sometimes, a child abuse conviction counts as a strike under the California three-strikes law. You receive a strike whenever you are convicted of a serious or violent felony. Suppose your child abuse counts as a grave or violent felony, whereby you inflicted a minor with a severe bodily injury. In that case, the judge can consider it a strike and sentence you accordingly. If this is your first strike, you could receive the sentence as it is under the law for a felony offense. However, if you have another strike in your criminal record, and this is your second, your sentence for the underlying strike will be double the penalties provided for the crime.
If you have two prior strikes in your record and this is your third, you will receive a 25-year prison sentence or life imprisonment. The judge has complete discretion to select an appropriate sentence for you according to the facts of your case.
A conviction for a felony will also result in the loss of your gun rights. This means that you will no longer be able to use, buy, or possess a gun after sentencing because then you will be a convicted felon. Although California adults can obtain a license to purchase or possess a firearm, some people lose this privilege for various reasons. Examples of those who lose this privilege are convicted felons and anyone diagnosed with a mental condition.
Lastly, a felony conviction for child abuse will damage your criminal record, which will affect your life for a very long time. A felony conviction may remain in your criminal history for years. It will be accessible to everyone who runs a background check on you. This includes potential employers, loan lenders, insurers, or landlords. These people's services are critical and will be after completing your sentence.
You will need a suitable neighborhood to live in, but it may not be successful due to your criminal background. An employer can deny you a job regardless of your qualifications because of a criminal record. Insurance companies and loan lenders are known to refuse service or raise rates for convicted felons.
Thus, life can be challenging for a convicted felon in California. That is why you must work hard on your defense. If you fight your felony charges, you could avoid a conviction and all the severe consequences that follow.
How To Fight a Felony Charge for Child Abuse
A child abuse arrest and charge does not automatically result in a conviction and penalties. Unless you plead guilty at the start of the legal process, you will undergo a fair trial, from which the judge can dismiss your charges or convict you. During the trial, a jury hears testimonies and reviews evidence from the prosecution and the defense. The final verdict comes after both sides are considered, and the side with the most substantial proof carries the day. This means you can win the case if you plan your defense well. Your lawyer can use some of these defense approaches to push for a favorable outcome in your case:
You Face False Allegations
You can be falsely accused of child abuse by your child, another child living in your home, or by an adult for various reasons. Most false accusations occur when one person is jealous of another, desires revenge, or seeks to gain an upper hand over them. A child can accuse you of inflicting an injury on them because you are a strict parent or you denied them something they badly wanted. An ex-partner can also accuse you of child abuse because things did not turn out well between the two of you. You need strong evidence to counter a false accusation so the court can dismiss your charges.
Your attorney can investigate the matter and gather some truths behind the false accusations to fight your charges. They can interview the alleged victim or review conversations between you and your accuser to determine the nature of your relationship. They can also use your alibi to exonerate you from the charges. If any of these strategies work, the court will drop your charges.
You Were Disciplining Your Child
Parents can legally discipline their children as they deem fit, provided they do not injure them. A child who does not like being disciplined can accuse you of child abuse, while in the actual sense, you use reasonable force to discipline them. The child can even use a bruise from an accident to get back at you for being strict with them.
Defense attorneys, prosecutors, and even judges have encountered cases whereby children report their parents because they do not like how their parents discipline them. However, you must prove that your discipline did not result in physical injury for the judge to drop your charges. If the child is using a bruise from a different incident to accuse you of abuse, your skilled attorney will find a way around it to ensure that the court learns the truth.
The Police Did Not Have Probable Cause
Police arrests are not conducted randomly. There are strategies for the police to follow when making arrests or investigating crimes. When a child accuses their parent of child abuse or an adult accuses another of the same, the police must have probable cause to arrest and investigate the accused. This ensures that the arrest is legal.
You can fight your arrest if you feel the police did not follow the required guidelines. An illegal arrest can cause the judge to dismiss any evidence gathered after the arrest. If there was no probable cause for your arrest, the court will dismiss your arrest as illegal and any evidence the police gathered against you. This could leave the prosecutor with insufficient evidence to prove the case beyond a reasonable doubt.
The Injury Was Accidental
The legal definition of child abuse is precise: the crime occurs when a person inflicts an inhuman act against a child, causing them to sustain a traumatic condition. A traumatic condition is a physical injury that proves the occurrence of the abuse and its severity. If a child sustains a traumatic injury by accident during or after disciplining them, you can defend yourself against child abuse charges.
A traumatic condition during child abuse occurs through a willful act, even if the parent or guardian does not intend to injure their child. An accidental injury is not intentional. If your skilled attorney explains the circumstances under which the victim was injured, the court can drop the charges.
Find a Competent Criminal Defense Lawyer Near Me
Child abuse can be a misdemeanor or felony in Los Angeles, depending on the facts of a case and a defendant’s criminal history. If a prosecutor files felony charges against you, your case is grave and can result in severe penalties, including a hefty court fine and a lengthy prison sentence. However, you can change the outcome of your case through a solid defense and with the assistance of a competent criminal attorney.
At The LA Criminal Defense Law Firm, we know how life-changing a felony conviction for child abuse can be. We can help you develop a sound defense strategy that could compel the court to dismiss or reduce the charges. We can also defend your rights and help you navigate all complex legal processes. Contact us at 310-935-167 to learn more about us and your case.
