Association of Child Abuse Lawyers

Association of Child Abuse Lawyers

Degrees of Child Abuse in Florida

An accusation of child abuse or neglect is always a serious issue for everyone involved. For an individual charged with such a crime, it may seem like any conviction would be devastating, but the classification of the offense can actually have a huge impact on the penalties involved.

Child abuse as outlined by Florida law includes a wide range of misconduct, varying from physical harm to mental damage and neglect. These actions can originate from any person who is responsible for a child. This includes parents, adult household members, and any other adult who assumes responsibility for the child, such as a daycare worker. Older "children" are covered by these laws as well, as any person under the age of 18 is defined as a child under these regulations. The term "abuse" as defined by Florida statute 827.03 covers any "intentional infliction of physical or mental injury upon a child", an act that could be expected to result in such an injury, or encouraging a person to inflict an injury. Any charge that is considered child abuse carries the penalties of a third degree felony.

The neglect of a child also falls under this statute of Florida law and includes any caregiver failing to provide a child with things that are required for a child's well-being, such as food, shelter, medicine, etc. If a caregiver knowingly does not protect a child from abuse or neglect, that person is also considered to have neglected the child.

Depending on the severity of the neglect, it can be classified as either a third degree or second degree felony. Charges brought against an individual for child abuse or neglect can also be affected by whether the alleged abuse is a repeated occurrence or a single incident.

When the damage done to the child reaches a certain level of severity, the charge can be classified as aggravated abuse and escalated to a first degree felony. Critical injuries that cause massive bodily harm, permanent disability, or disfigurement are considered to be felony offenses. Similarly, if a caregiver neglects a child in a way that leads to this kind of physical injury or a mental injury of a similar level in severity, they can be charged with culpable negligence, which is classified as a second degree felony in Florida.

The testimony of an expert witness is required to establish the level of injury that a child has sustained in an instance of abuse. This expert, who must fit certain criteria to be considered suitable, will be required to testify as to the harm that has been done to the child in question. Since the charges are so strongly affected by the severity of the injuries, the court must ensure that the person judging that severity is qualified to make such an important assessment.

The penalties for being found guilty of child abuse are serious, but Florida law establishes that they become much steeper if the crime is considered to be aggravated abuse. For a charge of abuse, the accused faces up to 5 years in prison and $5,000 in fines. Aggravated abuse, however, carries a sentence of up to 30 years imprisonment and a maximum of $10,000 in fines. Negligence to a degree that is similar to aggravated assault carries a penalty of up to $10,000 in fines and imprisonment up to 15 years. Those with a history of similar charges face even steeper punishments.

The degree of penalties that an individual charged with child abuse faces is largely dependent on the severity of the injuries that have been inflicted on the child and the intent of the caregiver to harm the child. Because this can make the case more subjective, and due to the emotional stigma associated with these charges, defendants sometimes enlist the aid of a domestic violence lawyer in an attempt to keep their case from being brought before a jury.