Inflicting physical punishment on a child is a crime that closely relates to child abuse. However this crime is a type of child abuse. This is a more specific crime than child abuse is. This crime goes a little bit more severe than the typical type of child abuse. Physical punishment on child is charged when it fulfills 3 conditions. 1. you intentionally inflicted cruel physical punishment and/or injury on a child. 2. that the punishment inflicted caused a traumatic physical condition to the child. and 3. you unreasonably disciplined the child. A traumatic physical condition is a wound or some other bodily injury that was produced from the physical force. This means that the traumatic condition must be the natural and probable result of the punishment or injury. tat the injury or punishment inflicted was a core reason in causing said condition. And that the condition would not have happened without the physical injury or punishment. Natural and probable result is something that a reasonable person would know what is likely to happen if nothing intervenes. What does this mean to those who hit their child? Spanking is not unlawful for disciplinary purposes. However even though objects such as belts may be used, it must only be done in relation to the circumstance. This means that although its okay to hit your child, its not okay to over-do it.
This is a felony. However you may have the chance to see jail time instead of prison. You can see 1 year in jail or up to 6 years in prison with the possibility of a $6000 fine. Because this is a violent crime this will also add a strike to your record.
Child abuse is not just the simple beating of a child. Although hitting a child is looked down upon, it is some places acceptable. However disciplining can go too far. It becomes a crime when it fulfills certain conditions. 1. If you intentionally inflicted unjustifiable physical or mental pain or suffering on a child. and 2. that it was done under conditions that could have produced great bodily injury or death. 3. that you acted with negligence when the child was endangered. 4. You did not act reasonably when disciplining a child. a child is someone that’s under 18. Great bodily injury are injuries that are severe or impedes a person’s life such as broken bones. whats important to know here is that criminal negligence just doesn’t mean carelessness. Criminal negligence is acting in a reckless way that creates a high risk of death or great bodily injury. The second part to criminal negligence is that a reasonable person would have known that acting that way would result in such a risk. Also to note is that an important part of this crime is that the child does not have to suffer the injuries. As long as there were a reasonable chance to.
This type of child abuse is a wobbler. This means that the crime can be charged as either a misdemeanor or a felony. This depends all on the facts of the case and your criminal history. As a misdemeanor you can see 1 year in jail. As a felony however you can see up to 6 years in prison. The punishments consider all the facts of the case. This means whether the injuries actually happened, or if child sustained heavy injuries. These can all be seen as enhancers and can keep you in prison for longer.
If you were charged with child abuse, come see an attorney for consultation.
Contributing to Delinquency of a minor is a crime that can be easily mistaken. A simple example of this crime is an adult that supplies a minor drugs or alcohol. A minor is considered anyone that is under the age of 18. The main ways to decide whether o r not you were Contributing to Delinquency of a minor is when you or the minor commit an act that will end in a crime. When you fail to act to prevent a crime. And when that crime will cause a minor to become a criminal. These laws apply to strangers, parents, and other minors alike. As a parent you are held responsible if the minor is your child. As a parent you are liable to exercise care, supervision, protection and control over the minor. Failing to do these or refuse to do them makes them liable for Contributing to Delinquency of a minor. However if the parent reasonably tried to control him or her but it fails then he or she cannot be charged since they performed their duties. Strangers that is Contributing to Delinquency of a minor has a different class. The stranger must have consent from the minors parents or do it as an emergency.
Contributing to Delinquency of a minor can be either a misdemeanor or infraction. as a misdemeanor you can get a year in jail a $2,500 jail, and up to a five years of probation if you are liable as a parent. This is like child endangerment law. As a stranger then you can receive six months in jail and a $2,500 fine.. As an infraction its a simple $250 crime. If you are a professional such as a teacher then you can lose your teaching credential. Related offenses can include kidnapping, false imprisonment, and stalking.
Don’t let yourself get taken advantage of. Its important to hire an attorney to make sure you are not falsely charged.