What Is Child Abuse?
Unfortunately, there are various types of child abuse. Some result in physical harm to the child while others result in mental harm. Sometimes, child abuse can occur without you knowing that it’s taking place. This is sometimes considered neglect because the abuse isn’t intentional in that manner. Most states have their own regulations as to what they consider child abuse. Most states will charge you with child abuse if there is any action that takes place that causes any kind of harm or endangerment to a child. The abuse can be sexual, physical, or mental. Exploitation of a child is also considered child abuse. Most states have laws that require certain people to report child abuse if it’s observed or suspected, such as teachers or nurses.
There are often several elements present if you are charged with child abuse. The best way to get help in fighting these charges is to seek the assistance of a Brooklyn attorney. Most states follow general laws that define child abuse as any action that causes any kind of harm or the risk of harm to a child who is under the age of 18 and is committed by a person who is responsible for the care of the child, such as a parent or grandparent. Sometimes, a babysitter or a relative can be charged with child abuse if that person spends a significant amount of time with the child.
Child abuse is a crime that is often committed intentionally. Someone who knowingly allows an abusive act to take place can be charged with child abuse as well. An example would be if you were to let someone who is a registered sex offender provide care for your child and something happens to the child. Negligent acts are also considered child abuse in most states. These acts include leaving a child home alone for extended periods of time, not providing a stable home, or not providing food and water for the child. If child abuse is suspected or reported, child protective services will begin an investigation. If the department finds that abuse has taken place, then you can be charged with the crime. This is the point when you want to seek the help of an attorney.
Penalties For Child Abuse
In most states, people who are charged with child abuse will have their children placed in foster care or with a relative who can provide care for the child until you satisfy the requirements of the court to obtain custody again. The age of the child and the severity of the abuse are taken into consideration when charges are filed and sentences delivered. The criminal background will also be considered. Child abuse is usually seen as a felony in most states. Some types of abuse can have a sentence of life in prison. However, there are some situations where the charges are filed as a misdemeanor and you don’t spend any time in jail. However, you could be required to take parenting classes or undergo other types of punishment, such as probation, before obtaining custody of your child once again.
Child Abuse Defenses
One of the common defenses against child abuse is that false allegations were made. Sometimes, a child might report that something has happened or someone else might report that something has happened for retaliation against another person. Injuries could be the result of an accident instead of abuse. Most states recognize that parents can discipline their children, which could be mistaken for child abuse by some people.
How Can An Attorney Help?
An attorney can help you with setting up classes and offering evidence that suggests the abuse wasn’t intentional. Your attorney can also work with the prosecution to obtain help for the family instead of a jail sentence.