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Whether you are a parent, sports coach, teacher, or another adult who holds a significant role in a child’s life, you likely want to know that you’re doing everything you can to protect children. However, our child abuse lawyers attempts to provide tough love and support can be misunderstood. Our San Diego child abuse lawyers may also fall into the slippery slope of unhealthy behavior without realizing this is the case. If you have been charged with child abuse in San Diego, you may wonder which of your actions would warrant this accusation. What is considered child abuse within California law?
Physical, emotional, or sexual abuse can all fall under the child abuse category, though each will look different. To be charged with certain crimes, there must be sufficient proof that there was a willful intention to cause serious harm. If you didn’t intend to cause serious injury or abuse to the child, there may be arguments you can make in favor of your case. Additionally, no matter the criminal charges, you don’t have to tackle these legal matters alone. Bernal Law is here to answer any questions you have.
What Is Considered Child Abuse in California Law?
Child abuse is any abuse carried out against a minor, including physical, emotional, or sexual abuse. Many behaviors may fall under this category, but injuries of some kind are required to be present to convict someone who has been charged. However, the injury can range from minor to severe.
What Are the Penalties for Child Abuse?
Penalties for child abuse may vary depending on the severity of the allegations, including whether the conviction is for a misdemeanor or felony. The following penalties may apply to your case:
- Fines
- Jail time
- Receiving a strike
- Treatment program
- Protective order
- Stay away order
- Informal or formal probation
Depending on the circumstances, an enhancement may also apply to your case. We recommend working with a San Diego child abuse lawyer from Bernal Law if you want more information about reducing potential penalties ahead of conviction or case closure.
California Laws Relating to Child Abuse
There are several laws relating to child abuse in California, including:
Penal Code 273(d)
Penal Code 273(d) dictates, “Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a felony and shall be punished.”
To do something willfully requires that it was done with intent or on purpose. This penal code requires injury or corporal punishment to be intentionally harmful or cruel. Depending on the circumstances, this may give you an excellent option for defense within a court of law.
Penal Code 288
Penal Code 288 refers specifically to sexual acts performed with a child aged 14 or younger.
Part of the code reads, “a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child…”
Penal Code 288 says an accused perpetrator’s intentions may be pretty broad. Arguing against this penal code with any defense may be easier with a San Diego child abuse attorney at Bernal Law. Our child abuse lawyers in San Diego strongly recommend retaining legal support if you are charged with any form of child abuse.
Bernal Law’s San Diego Child Abuse Defense Lawyer Can Help Fight for Your Rights and Protections
If you have been charged with child abuse in California, you don’t have to fight for your rights or personal protections. A San Diego child abuse lawyer, like Pedro Bernal from Bernal Law, will know how each legal system works and how to navigate through challenging obstacles. Attorney Bernal was a former prosecutor for almost a decade, so he is deeply familiar with the other side and what tactics they will try to use against you. He also worked as a Special Assistant United States Attorney in the U.S. Attorney’s Office in San Diego, prosecuting federal crimes.
Pedro Bernal is fluent in English and Spanish, so you can feel comfortable communicating your circumstances and priorities. We encourage you to contact our office at your earliest convenience to improve the outlook of your case, including a decrease or elimination of penalties. You can reach us by calling (619) 736-9092 or completing the contact form on our website.
