Los Angeles Child Abuse Attorney

Child Abuse Charges in LA

Accused of child abuse or child molestation? If you have been arrested or are under investigation in California, you should immediately consult with an experienced Los Angeles criminal defense lawyer to discuss your situation. In order to defend against allegations of child abuse or molestation, you must first come to grips with the reality of our criminal justice system. Talking to law enforcement or to family members is not recommended and will only make your situation worse. Crimes involving children carry very serious consequences and often there is a presumption of guilt associated with these crimes, not only by law enforcement but by the community at large. Due to this presumption of guilt, lenient sentences such as little or no jail time and probation are generally not on the negotiating table with most prosecuting agencies. Such charges must be aggressively defended from the start! Please contact Stephen G. Rodriguez and Associates for a free one-on-one consultation to discuss your legal options. We can HELP!

Child abuse is the act or acts that physically, sexually or emotionally injure a child. Depending on the circumstances, there may be a number of California criminal laws that will come into play if you have been accused of acting inappropriately with a child. For example:

Lewd Acts Upon a Child (Penal Code 288, 288.5): In California, most child sexual abuse/child molestation sex crime cases are charged under this section of the Code. Child molestation occurs when any lewd or lascivious act is committed on a child under 14 years old with the "intent of arousing, appealing to or gratifying the lust, passions or sexual desires of that person or the child." A lewd or lascivious act refers to any touching of the child with the intent to sexually arouse the perpetrator (defendant) or the child. If the defendant asks the child to touch the defendant, it is also considered sexual abuse. A lewd and lascivious act includes touching any part of the child's body, either on the bare skin or through the clothing of the child.
Physical Abuse of a Child Resulting in Corporal Injury (Penal Code 273d): Beating, inflicting or causing some other corporal injury/punishment on a child is a "wobbler", meaning the offense can be charged and prosecuted as a felony or a misdemeanor.
Child Endangerment (Penal Code 273a): Child endangerment can be charged when a defendant puts a child in a situation that could lead to the child's injury, e.g., failing to prevent a child from being physically or sexually abused, driving drunk with a child in the car or dealing drugs out of a house where children live.
Battery (Penal Code 242): If you use unwarranted force or violence against a child, it can be charged as a battery. Battery is a lesser and included offense of child abuse. In other words, if you have committed child abuse, you have committed battery.
Statutory rape (Penal Code 261.5): It is a crime if a person 18 years or older has unlawful sexual intercourse with a minor.

Specific penalties for convictions of child abuse and child molestation charges include the following:

Lewd Acts/Molestation: If charged as a misdemeanor, the sentence is up to one year county jail and a maximum $1,000 fine. If charged as a felony the sentence is 1-8 years state prison and a maximum $10,000 fine. Additions include sex registration; payment for victim's medical or psychological treatment; a "Strike" according to the Three Strikes Law.
Physical Abuse of a Child: If charged as a misdemeanor, the sentence is up to one year county jail and a maximum $6,000 fine. If charged as a felony, the sentence is 2-6 years state prison and a maximum $6,000 fine. Additions include probation; protective order.
Child Endangerment: If charged as a misdemeanor, the sentence is up to one year county jail and a maximum $1,000 fine. If charged as a felony, the sentence is 2-6 years state prison and a maximum $10,000 fine. Additions include probation; protective order.
Battery: If charged as a misdemeanor, the sentence is up to 6 months county jail and a maximum $2,000 fine. If charged as a felony, the sentence is 2-4 years state prison and a maximum $10,000 fine. Additions include probation; counseling.
Statutory rape: If charged as a misdemeanor, the sentence is up to one year county jail. If charged as a felony, the sentence is 16 months-4 years state prison. No sex registration.

Penalty enhancements are possible in physical abuse/neglect charges and in sexual abuse charges. In Physical abuse/neglect, if the child died as a result of the offense, an additional 4 year sentence can be added. In sexual abuse, if the child suffered great bodily harm from the offense, an additional and consecutive 5 year sentence can be added.

If you are convicted of child molestation or any other sexually-related crime involving a child, you will be required to register as a sex offender. According to California Penal Code Section 290, all sex offenders must register within 5 days of being released from prison as well as when an address or name is changed. You also must update your registration information annually. Some sex offenders, such as sexually violent predators, need to update registration information more frequently. Deliberately failing to register is a felony, punishable by fines and imprisonment.

Child Abuse Lawyer in Los Angeles

One of the reasons that child abuse charges are so dangerous is that there are often no witnesses and little evidence. An entire case can depend on the credibility of the defendant versus that of the victim. There are many reasons why a child might fail to tell the truth about being abused, such as:

Not understanding how serious statements that are made can be taken
Being influenced by adults such as teachers, relatives or friends who believe that a child abuse claim should be made
Wanting to please the other parent
Feeling a sense of power over and independence from the accused adult (teenagers)

You can rest assured that a criminal defense attorney at our firm who routinely defends these types of cases will know which questions to ask and what evidence is necessary to support a false accusation claim.

The reality in child abuse cases is that those convicted of child sexual abuse are more likely to serve a longer prison sentence that those who murder. Criminal defense attorneys who are not experienced in child abuse cases treat them like any other criminal case. This is wrong! Although in a child abuse case the standard of proof (beyond a reasonable doubt) is the same, juries expect the defendants to prove their innocence rather than just defend it. The experienced and skilled criminal defense attorneys at our firm believe that cases involving child abuse allegations require a proactive approach; it is not enough to simply defend the client. Let us put our 70 plus years of combined legal experience to work for you!

To schedule a confidential consultation to discuss your case and the legal options available to you, contact a Los Angeles child abuse attorneytoday.