Children are a protected group in society. Anyone who faces charges for committing a crime against a person under eighteen faces serious legal consequences. Child abuse is any form of cruelty inflicted upon a child, including mental abuse, physical harm, sexual assault, or exploitation. California law has mandated reporters who interact with the children and are tasked with reporting instances of abuse. Therefore, any incident that causes suspicion of abuse will be reported.

Police, prosecutors, and judges take allegations of child abuse very seriously. If the prosecution proves that you willfully inflicted cruel punishment on a minor, you will face a conviction under California PC 273d. A conviction for child abuse attracts serious consequences beyond jail time or fines. A mere accusation under this statute can ruin your reputation and significantly affect your social and professional relationships. Seeking legal guidance is critical when you face child abuse charges. At California Criminal Lawyer Group, we will assess your case and offer top-notch legal advice to ensure the best outcome for your child abuse charges in Santa Ana, CA.

Overview of Child Abuse in California

Child abuse falls under the broad category of domestic violence laws. Often, these laws provide enhanced punishments depending on the relationship between the accused and the victim. Domestic violence laws are strict, especially when dealing with offenders who commit crimes against minors.  Child abuse involves willful infliction of inhuman punishment on a child resulting in a traumatic condition.

Since children may lack the ability to realize the acts of abuse against them, the law has mandated reporters who must report any incident that suggests mistreatment of a child. Child abuse can occur for a variety of reasons and in different circumstances. It is important to remember that no form of child abuse is superior to the other. Each form of abuse can affect a child’s life, and charges for the crime will attract severe penalties. California child abuse laws define different forms of abuse, including:

Physical Abuse

Physical abuse of a child is defined as any non-accidental event or act that causes injury to the minor. Although [physical abuse may result from actions that are not meant to harm the child, breaching your duty to ensure your child’s safety will attract child abuse charges. Physical abuse could come from anger lashing out at a child, or punishment using excessive force. Physical abuse is often easy to prove since physical wounds can be used to prove abuse.

Child Neglect

Neglecting a child involves failing to provide necessities such as proper health, supervision, adequate nutrition, and housing. Child neglect is a severe form of omission often charged against parents or guardians of the alleged victim. As a parent, you are responsible for ensuring that you provide for your child’s physical or emotional needs.

Emotional Abuse

Child abuse is not limited to physical violence or injuries to the minor. Emotional abuse includes maltreatment and psychological abuse. Minors often experience emotional abuse due to prolonged exposure to domestic violence. While there is no evidence of injury on the child in such a situation, a mandated reporter can notice the signs of emotional distress in the minor and report it as a form of abuse. Emotional abuse can significantly affect a child’s behavior and interactions with others.

Sexual Abuse

Sexual abuse involves exposing a child to inappropriate sexual material or engaging in lewd conduct with a minor through force, fear, or threats. Minors cannot consent to sexual acts. Therefore, adults who engage in these acts with children could face criminal charges for child sexual abuse. Child sexual abuse charges could stem from acts of physical contact and non-contact. Sexual abuse of minors occurs in secret, and some children may be threatened to avoid disclosing the abuse. The charges for sexual abuse are accompanied by other severe charges like rape, oral copulation with a child, and lewd conduct with a minor.

Elements of California PC 273(d)

Child abuse is charged under California Penal Code 273(d) and has the following elements that must be proven beyond a reasonable doubt before your conviction:

You Willfully Inflicted Cruel Punishment of a Child

The first element that needs to be clear when you face charges for child abuse is that you inflicted cruel punishment on a child. This statute defines a child as any individual under eighteen years old. Additionally, the prosecution must prove that your actions were willful. A willful act does not mean that you intended to harm the child or understand the consequences of your actions. If your actions were intentional and not accidental, you would face a conviction under this statute.

Although the term cruel is not legally defined under this statute, your actions are considered cruel if you lack ordinary pity over the alleged victim. There is a wide variety of conduct that could suffice as cruel punishment on a minor, including:

  • Kicking
  • Punching
  • Choking
  • Burning
  • Pushing
  • Slapping

The Punishment Caused the Child to Suffer a Traumatic Condition

The prosecution must prove your actions against the child caused a traumatic condition to prove your guilt under child abuse laws. Under this statute, a traumatic condition is any wound that results from the direct application of force. However, the wound does not need to be serious. Some of the injuries that could suffice as traumatic conditions under California PC 273 include:

  • Concussions
  • Broken bones
  • Sprains
  • Bruises
  • Suffocation or strangulation injuries

Understanding that a traumatic condition is different from significant bodily injury in child abuse cases is vital. Great bodily injury is not a stand-alone crime. You could face a conviction for child abuse and receive a penalty enhancement if a child suffered a substantial injury. Unlike a traumatic condition where minor injuries are included, these injuries may not suffice under the significant bodily injury enhancement.

You Were Not Disciplining the Minor

While parents cannot face criminal charges for disciplining their children in California, some punishments exceed the scope of punishment and are categorized as abusive. The court will find you guilty under PC 273(d) if the prosecution can ascertain that your actions were not geared towards punishing the child or you used unnecessary force that injured the victim.

Sentencing and Punishment for Child Abuse in California

Violation of PC 273(d) is a California wobbler. The prosecution can discreetly charge you with a felony or a misdemeanor. Some of the factors that may guide the prosecutor when deciding on the nature of your charges include:

1)  Your Criminal History

Your prior convictions under the statute do not hold weight for most criminal charges. However, when you face charges under PC 273(d), the prosecution will introduce previous child abuse and domestic violence accusations to the case. The prosecution will use the past allegations to prove to the court that you have a pattern of abuse and prior rehabilitation of conviction did not help you change the behavior.

For most domestic violence repeat offenders, the prosecution will file felony charges. Before the judge allows the introduction of prior accusations to your child abuse case, they will assess how these acts could cause prejudice in jurors. Additionally, the time passed between the previous allegations and current charges.

2)  The Seriousness of Injuries to the Child

Infliction of inhuman punishment is a crucial element in child abuse charges. The possibility of injury is serious in incidences of abuse. When deciding to charge you with a felony or misdemeanor child abuse, the prosecution will consider the evidence on child injuries. If the victim suffered significant bodily injury, the prosecution will charge you and seek a conviction for a felony.

Whether you face felony or misdemeanor charges, child abuse is a serious crime, and the court punishes to serve justice and discourage involvement in other abusive behavior. California law imposes the following penalties for a misdemeanor child abuse conviction:

  • A year in county jail
  • A maximum of $6,000 in fines
  • Misdemeanor probation

The consequences of a felony conviction under this statute include:

  • A prison sentence that ranges from two to six years
  • Fines that do not exceed $6,000
  • Felony probation

The introduction of prior felony convictions in your case causes an increase in your prison sentence by up to four years.

Child Abuse Restraining Order

If you face a conviction for child abuse, the court can grant a child abuse restraining order against you. This order requires that you avoid all forms of contact with the child. A child abuse restraining order is either permanent or temporary. The judge issues a temporary restraining order if they find reasonable ground that you abused the alleged victim. A TRO lasts up to fourteen days. Within fourteen days, the court must hold a hearing from the permanent restraining order.

At the permanent restraining order hearing, you and the victim will offer their arguments to the court why the order is or is not necessary under the circumstances. If the judge grants the PRO, you must stay away from the child for up to two years. A permanent restraining order for child abuse could significantly affect your relationship with your child and family.

Legal Defenses Against Child Abuse Charges

The stakes are high if you are arrested and charged with violating PC 273d. Therefore, you must navigate with the guidance of a skilled domestic violence attorney. Your attorney can pursue the following defenses to your charges:

You Were Wrongfully Accused

California law is strict when prosecuting child abuse cases. Children are vulnerable and sometimes incapable of protecting themselves from abusers. Therefore, it is easy for you to be subject to false allegations under PC. Various reasons, including the need for revenge, anger, and jealousy, could falsely motivate an individual to accuse you of this heinous crime. When you undergo divorce and child custody, allegations of all forms of domestic violence may suffice. Since courts want to ensure a child's safety, a child abuse conviction can affect your chances of custody or visitation.

A knowledgeable defense attorney can assess different factors of your case, including witness testimony, and bring to light the false allegations.

Your Conduct Did Not Cause a Traumatic Condition on the Child

There are so many things that you could do to a child that is considered abusive. However, charges under PC 273d will only stick if there is evidence of a traumatic condition on the child. Additionally, it must be clear that the traumatic condition resulted from your wrongful actions. When a mandated reporter notices an injury on a child’s body, they could quickly report an instance of abuse before investigating the primary cause of the injury.

In this case, you can argue that the child's injury and traumatic condition resulted from something other than your conduct.

You were Exercising your Right to Discipline, your Child

Although in some countries, it is illegal to inflict corporal punishment on a child, California law allows you to use reasonable force to discipline your child. However, your rights are limited to conduct that is not harmful to the child. If there is no evidence of physical injuries on the child, you can argue that the alleged abuse was you disciplining the child. If the court finds that you used excessive force on the child, this defense will not apply.

The Victim's Injury was Accidental

A critical element that the prosecution must ascertain is the willfulness of your actions. While evidence of your intentions to harm the child or break the laws is not necessary, a conviction will only arise when you act intentionally. If a child suffers an injury from an accidental fall, the court will not find you guilty of child abuse. However, it is essential to remember that you are responsible for keeping your child safe. Therefore, if your negligent behavior caused the child’s injury, the prosecution could file severe child endangerment charges.

Frequently Asked Questions on Child Abuse Laws in California

Under California law, you are allowed to discipline your child. However, using force to inflict inhuman punishment on that child can attract charges alleging abuse. If you face an arrest and charges under PC 273d, you may feel confused and uncertain of the outcome. The following are some commonly asked questions about the arrest charges and conviction under this statute:

1)  Does the law consider spanking as child abuse?

In California, you have a right to spank your child with a justifiable object. Under this statute, justifiable means:

  • The spanking was a reasonable way to punish the child or instill discipline
  • The method of spanking is reasonable

If you use excessive force to spank a child and the effect of the spanking exceeds what is necessary to punish the child, you can face an arrest and charges under PC 273d. Before convicting you for child abuse based on spanking, the prosecutor must prove that you caused a traumatic injury to the minor.

2)  What is a child abuse central index?

The Child Abuse Central Index commonly known as CACI, is a list of all suspected child abusers in California. You will appear on this list for engaging in acts such as child endangerment, child abuse, or severe neglect of a minor. The law enforcement department or the child welfare agency could refer your name to CACI if you face charges and a conviction for child abuse. However, it is essential to know that your name can be entered on this list even when the prosecution did not file charges.

The most vital thing is that the child neglect or abuse allegations were substantiated. Social workers are tasked with investigating your conduct and different aspects of your life to ascertain the legitimacy of the child abuse charges. A confirmed report of child abuse means that the investigator found conduct that constitutes abuse.

Placement in the CACI is for a lifetime, and it has severe consequences, which include denial to adopt a child, work at a daycare center or obtain clearance from the security department. If you seek to have your name removed from the child abuse central index registry, you request a grievance hearing.

3)  Must I go to jail for child abuse in California?

No. If you face charges and a conviction for misdemeanor child abuse, the court could sentence you to probation instead of jail time. Often probation is available if you are a repeat offender and the injury you caused to the child is not substantial. Informal probation allows you to serve your sentence on community service. Misdemeanor probation for child abuse lasts up to five years which is longer than the jail time you serve. Therefore, you have a right to decline the probation offer.

Although probation allows you to stay home with your family and move on with your life, you do not escape the liability for your crimes. The court imposes a variety of conditions that you must follow while on probation. Violating any of these terms can cause you to back to jail to serve your original jail time or a harsher one:

  • Mandatory completion of a child abusers program
  • Parenting and counseling classes
  • Random drug testing
  • Avoid contact with the minor during the probation period
  • Avoid getting involved in other criminal activity.

4)  If I am suspected of child abuse, must the issue be reported to authorities?

Yes. Any person with a reason to believe that a minor is undergoing abuse or neglect is legally required to report the incident. Child abuse goes beyond broken bones and burns. Children are vulnerable to other forms of abuse, including sexual and emotional abuse. Individuals who are legally required to report child abuse include:

  • Teachers
  • Medical practitioners
  • Nurses
  • Psychologists
  • School Staff
  • Corrections employees
  • Adults residing with minors who exhibit signs of abuse
  • Clergy

If a person is a mandated reporter, failure to report an incident of child abuse could result in misdemeanor charges that attract a one-year jail sentence. Therefore, it is not uncommon for these reporters to misunderstand our intentions and report you for child abuse to avoid criminal consequences.

5)  What is the difference between child abuse and child endangerment?

Child abuse and endangerment fall under domestic violence laws and are serious offenses. A conviction for endangerment or abuse of a minor attracts rippling criminal consequences. However, these crimes result from different forms of conduct.

PC 273d defines child abuse as any form of cruelty to a minor. Abuse could include physical, emotional, mental, or sexual exploitation. If you attempt to discipline a child through corporal punishment and cause injury to them, you risk facing an arrest and charges under this statute.

On the other hand, child endangerment laws deal with security issues around a child. As a parent or guardian, you are responsible for protecting your child from any harm. Child endangerment charges do not need proof that you caused a child’s injuries. Some of the conduct that will attract child endangerment charges include:

  • Allowing a minor to undergo mental anguish
  • Placing a child under your care in a position to suffer significant physical injury
  • Allowing another person to cause injury to a child and failing to do anything to report the issue or protect the child.

Find a Skilled Santa Ana Criminal Defense Attorney Near Me

Parents in California have the freedom to discipline children. However, there are limitations on the force you can use on a child. Child abuse is charged under PC 273(d), and a conviction attracts a lengthy jail sentence. The consequences of a child abuse conviction do not end when you serve your jail time or probation. The conviction will remain in your criminal record, which is accessible to everyone that does a background check on you.

A child abuse conviction can affect your chances of securing a job and is a significant disadvantage when you are involved in custody battles. With the seriousness and severe consequences of a child abuse conviction, the charges are not uncommon to stem from mistakes of facts or false allegations. Fortunately, there are a variety of defenses you can assert to fight the charges and avoid the harsh consequences of a conviction.

Child abuse laws are complicated. Therefore, seeking legal guidance is critical. At California Criminal Lawyer Group, we understand the devastation of facing child abuse charges, and we will help you navigate the court system to secure a favorable outcome. We serve clients seeking legal advice to battle domestic violence allegations in Santa Ana, CA. Contact us at 714-844-4151 today