Child Abuse PC 273a
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.
Punishments for Child Abuse PC 273a
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.