San Diego Criminal Defense Lawyer Explains Child Abuse Laws in California:
Physical child abuse is commonly charged under California Penal Code § 273d. Child abuse is a particularly distressing crime because it carries with it a stigma unlike with other crimes, such as drug offenses. A false allegation of child abuse can ruin a person’s family, career, reputation, and future. Lounsbery Law Office, PC has provided this article because we want you to understand what exactly you’re being charged with and how you might be able to fight your case.
What is Physical Child Abuse?
Penal Code 273d punishes only physical or bodily injury, as opposed to neglect, emotional abuse or sexual abuse. (Compare 273d, child abuse, with 273a, child endangerment.) You are guilty of child abuse under this law if you:
- willfully inflict upon the body of a child: (a) cruel or inhuman punishment or (b) an injury; and
- the infliction of this punishment or this injury resulted in a traumatic condition.
The word “willfully” means that you intended to commit an act, but not necessarily that you intended to bring about the result of that act. The distinction is that a person may intend to spank their child without intending that the spanking result in a bruise. You can be charged with child abuse even though you did not mean to cause a bruise.
The words “cruel” and “inhuman” are not defined in the statute, nor have the courts provided any definitions or guidance on what they mean and how they are to be applied. Instead, we are left to resort to their definitions in everyday use. This means that it is up to a jury to decide when punishment is “cruel or inhuman.” Some dictionaries give the following definitions of “cruel”:
- enjoying the pain or distress of others
- rigid; stern; strict; unrelentingly severe
Definitions of “inhuman” include:
- lacking qualities of sympathy, pity, warmth, compassion, or the like
- not suited for human beings
- not human
- lacking humane feelings, such as sympathy, understanding, etc
The phrase “traumatic condition” is defined by statute. It refers to any injury caused by the application of force or violence, whether the injury is minor or major, internal or external. The least significant injuries qualify, such as tiny scratches or bruises. A “traumatic condition” need not actually result in any psychological, emotional, or mental pain or injury.
What sentence am I facing if convicted of Child Abuse?
Child abuse is a “wobbler” which means that it can be charged either as a felony or a misdemeanor. If the charge is filed as a misdemeanor, the worst sentence you can be given is one year in county jail and a fine of $6,000. If the charge is filed as a felony, the heaviest sentence you can be given are 6 years in state prison and a fine of $6,000.
Instead of being sentenced to the maximum amount of custody, most people are placed on probation. Whether placed on probation for a felony or misdemeanor, the probation is required by law to last at least 36 months. (See PC § 273d(c)(1).) Those people placed on probation must enroll in and successfully complete a “no less than one year of a child abuser’s treatment counseling program” (see our Resources page) and submit quarterly progress reports to the court. (See PC § 273d(c)(3)(A).)
In addition, a protective order would be issued protecting the child “victim from further acts of violence or threats.” (See PC § 273d(c)(2).) The judge could also order the defendant to move out of the home where the victim lives.
How can I defend myself against an allegation of Child Abuse?
To properly defend yourself against these criminal charges, you should retain the representation of a qualified and successful criminal defense attorney. Oftentimes some of the best evidence we can provide is not necessarily about the facts of the incident, but about you as a person and about the victim as a person. The type and depth of your investigation and gathering of facts will depend on the circumstances of your case. Read the 8 homework assignments you must complete to help us fight to get these charges dismissed.
What other consequences do I face if convicted of Child Abuse?
If convicted of child abuse, your name will be placed on California’s Child Abuse Central Index, potentially for the rest of your life. You also may never be able to possess or own a firearm again, pursuant to federal law. A conviction may affect any custody and/or visitation rights you have with your child and/or the victim. If convicted of a felony, you may lose your right to vote. Lastly, a child abuse conviction on your record may impact your ability to retain your current employment or obtain employment in the future.
At Lounsbery Law Office, PC, we have successfully defended clients accused of child abuse. We would be honored to talk to you about how we can help you fight your case. To speak with an experienced Child Abuse attorney today, call 619-792-1451 or send us an email.