Posted by srailawoffice In Child Abuse April 5, 2021 0 Comment

California laws make it illegal to inflict harm on children. This is called child abuse, or more formally known as “corporal injury on a child.” That said, what is considered as “physical harm” is always up for debate and creates a gray area that can lead to situations where law-abiding individuals find themselves in legal trouble. Even a simple situation can be misconstrued, requiring the criminal justice system to be involved.

Child abuse allegations should always be taken seriously. If you or a loved one has been accused of child abuse, it is imperative that you immediately consult with an experienced Central Valley child abuse defense lawyer to protect your legal rights and help get the charges dismissed.

Child Abuse Legal Define

In order to be convicted of child abuse, the prosecutor will have to show that certain facts of the case were true. These are known as “elements of the crime.” Under California Penal Code Section 273(d), the three elements the prosecutor must prove under are:

1. You willfully inflicted cruel or inhuman physical punishment or injury on a minor. California law does not specifically define the term “cruel or inhuman.” This means that its interpretation will be up to a jury.

2. The punishment or injury caused a traumatic physical condition. The law defines “traumatic condition” as any wound, whether or minor or serious, inflicted on the child by the application of physical force.

3. When you acted, you weren’t reasonably disciplining the minor. Corporal punishment, including spanking, confinement or sending a child to bed without a meal, is legal in California. However, since there is no legal definition for it, interpreting the meaning of “reasonable discipline” will be up to the jury.

Defenses Against Child Abuse Charges

Since most of the elements and definition of the terms in child abuse cases are left up to the jury to decide and interpret, it makes it imperative that you have a skilled defense attorney in your corner.

An attorney can carefully review the facts and present it to the jury in a manner to dissect the prosecution’s case. Having the right Central Valley child abuse defense attorney can help defend not only your constitutionally guaranteed rights but also your freedom.

Contact an Experienced Central Valley Criminal Defense Attorney

If you or someone you know has been accused and charged with child abuse, it is important to immediately consult with a defense attorney. Central Valley child abuse defense attorney Gurjit Srai. Mr. Srai has the knowledge and experience to help you protect your rights and freedom.

For more information or to schedule a complimentary consultation with one of our child abuse defense attorneys, please call us at (209) 323-5558, or complete our online form.

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