When selecting a child abuse defense attorney, the first thing to look for is someone who humanizes the child as a person. Many lawyers and judges refer to the accused as “client” or “defendant,” but your child is an actual human being. Your attorney should never refer to the child as “victim,” because this reflects a distorted view of the child. It’s vital that juries understand that the charges they are hearing are affecting a real person, and not an imaginary “victim” of a crime.
Arguments in favor of a child abuse defense
Whether you are accused of committing child abuse, or if you are a victim of it, there are several reasons to hire a child abuse defense attorney. These charges are serious and carry the weight of the whole family dynamic. In some cases, child abuse charges can even be used as a weapon during a divorce or difficult marriage. Having a good child abuse defense attorney on your side can make the difference between a conviction and acquittal.
For example, most state child abuse laws do not punish accidents. But, if the parents or caregivers were negligent, these accidents could have happened. For example, a child pushed on a bike may have smashed into a door or fallen onto a sidewalk, scraping their knees. In these situations, the negligent parent could raise an argument for negligence. This argument is important because courts are split on whether to prosecute negligent parents, but they will generally not punish those who were careless and reckless.
Hiring a child abuse defense attorney
A skilled and experienced child abuse defense attorney can help you fight your case and avoid harsh punishment. Child abuse accusations can be devastating, and a lawyer can help you understand the potential penalties of the case before your trial begins. The law of child abuse is a complex field, and it’s critical to hire an experienced lawyer. Lisa Pelosi, a former prosecutor, has handled child abuse cases on both sides of the courtroom.
If you are facing accusations of abuse, you are likely feeling frustrated, unsure of your own role in the matter, and uncertain of what to do. A child abuse defense attorney can help you overcome these emotions and help you return to normalcy. Their experience and compassion will ensure that they can effectively fight your case. Your lawyer should be able to provide emotional support and provide a plan to help you bounce back when the trial begins.
Using an expert witness in a child abuse allegation case
When choosing a child abuse defense attorney, make sure that you ask about using an expert witness. Forensic interviews can lead to distorted evidence in jury trials. Also, the initial disclosure witness is not typically an objective professional but rather a family member with ulterior motives. An experienced defense lawyer will know how to cross-examine the child and explore defensive issues with the witness.
A child who has been falsely accused of sexually abusing a child can be coached into believing that they have been abused. In this case, the child was never taken to treatment after being indicted. However, therapist notes show that she met with the child about ten times prior to the trial. The testimony of the child will contaminate the entire case.
Legal consequences of a child abuse conviction
Choosing a child abuse defense attorney is a serious matter because a conviction can carry serious criminal and civil penalties. These charges can result in a loss of custody of your children, social exclusion, and a loss of your ability to obtain gainful employment. However, not all child abuse cases are true, and applying state laws to false accusations can be extremely difficult. To ensure your rights are protected, choose a child abuse defense attorney in Los Angeles.
When choosing a child abuse defense attorney, it is important to understand the severity of the criminal charges and the legal consequences. A misdemeanor charge may carry only a few days in jail, while a felony conviction can result in a 10-year prison sentence. Furthermore, a conviction for child abuse often comes with probationary periods of six months to a year. A child abuser who violates probation is likely to receive an additional year of jail time.