Accused of child abuse? Even if you are innocent or are being falsely accused you should immediately consult with an experienced child abuse criminal defense attorney to discuss your situation. Talking to law enforcement or to family members is not recommended and will only make your situation worse. Crimes involving children carry more serious consequences and often there is a presumption of guilt associated with these crimes not only by law enforcement, but by the community at large. Due to this presumption of guilt, lenient sentences, such as little or no jail time and probation, are generally not on the negotiating table with most prosecuting agencies. If you or someone you know finds themselves in this situation call us for a free one-on-one confidential consultation to discuss your legal options. We can HELP!

CHILD ABUSE LAWS - CALIFORNIA

Child abuse is the act or acts that physically, sexually, or emotionally injure a child. Depending on the circumstances, there may be a number of different California criminal laws that will come into play if you have been accused of acting inappropriately with a child. For example:

• Lewd Acts Upon a Child (Penal Code 288 and 288.5)
  In California, most child sexual abuse / child molestation cases are charged under California Penal Code Sections 288 and 288.5. Under Penal Code Section 288 and 288.5, child molestation occurs when any lewd or lascivious act is committed on a child under 14-years-old with the "intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child." A lewd or lascivious act refers to any touching of child with the intent to sexually arouse the perpetrator (defendant) or the child. If the defendant asks the child to touch him/her, it is also considered sexual abuse. A lewd and lascivious act includes touching any part of the child's body, either on the bare skin or through the clothes of the child.
• Physical Abuse of a Child Resulting in Corporal Injury (Penal Code 273d)
  Beating, inflicting, or causing some other corporal injury/ punishment on a child is a "wobbler," which means that it can be charged and prosecuted as a felony or misdemeanor.
• Child Endangerment (Penal Code 273a)
  Child endangerment can be charged when the defendant has put the child in a situation that could lead to the child's injury (e.g., failing to prevent a child from being physically or sexually abused, driving drunk with a child in the car or dealing drugs out of a house where children live).
• Battery (Penal Code 242) If you use unwarranted force or violence against a child, it can be charged as a battery. Battery is a lesser and included offense of child abuse. In other words, if you have committed child abuse, you have committed a battery.
• Statutory Rape (Penal Code 261.5) It is a crime if a person 18 years or older has unlawful sexual intercourse with a minor.

Penalties and Sentencing

Penalty Enhancements

• Physical abuse or neglect : If the child died as a result of abuse or neglect, an additional 4-year sentence can be added.
• Sexual Abuse : If the child suffered great bodily injury from the abuse, an additional and consecutive five-year state prison sentence

SEX OFFENDER REGISTRATION

If you are convicted of child molestation or any other sexually-related crime involving a child you will be required to register as a sex offender. According to California Penal Code Section 290, all sex offenders have to register within five days of being released from prison and when an address or name is changed. You will also have to update your registration information annually. Some sex offenders (e.g., sexually violent predators) will need to update registration information more frequently. Deliberately failing to register is a felony, punishable by fines and imprisonment.

CHILD ABUSE DEFENSES

One of the reasons child abuse charges are so dangerous is that there are often no witnesses and little evidence. An entire case can depend on the credibility of the defendant versus that of the victim.

False Accusations of Abuse
Many things can cause a child to lie about being abused, for example:

• The child may not understand the seriousness of his or her statements
• The child may have been influenced by adults, teachers, relatives or friends, who believe the child abuse claim should be made
• The child may want to please the other parent
• Teenagers reportedly make false sexual allegations because of the feelings of power and independence it gives them over the adult they have accused.

A criminal defense attorney who routinely defends these types of cases will know which questions to ask and what evidence is necessary to support a false accusation defense.

LOS ANGELES CHILD ABUSE ATTORNEYS

The reality in child abuse cases is that those convicted of child sexual abuse are more likely to serve a longer prison sentence than those who murder. Criminal defense attorneys who are not experienced in child abuse cases treat the child abuse case like any other criminal case. WRONG! Child abuse cases are unlike other criminal cases in that the standard of proof (beyond a reasonable doubt) remains technically the same, but juries expect the defendant to prove their innocence rather than just defend it. The experienced and skilled criminal defense attorneys at Rodriguez, Kahn & Lewis believe that cases involving child abuse allegations require a proactive approach - it is not enough to simply defend the defendant. Let us put our 70 plus years of combined legal experience to work for you. Call us to set up a confidential one-one-one consultation to discuss your case and any legal options you may have.