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Child abuse is defined as the any act that results in physical, emotional, or sexual injury to a child. Intentional infliction of any form of injury, whether visible or internal, to a child is considered child abuse.
Have you been accused or charged with child molestation or child abuse? If you are under investigation, or have been arrested in Los Angeles, we advise you to seek the services of an experienced Los Angeles child abuse attorney from our firm as soon as possible.
It is important to familiarize yourself with the criminal justice system, if you want to successfully defend yourself against allegations of child abuse. Be sure not to talk to the police or prosecutor without a lawyer. It will only make matters worse.
Spanking may be excluded as a form of child abuse; perhaps due to the fact that parents have the right to discipline their children accordingly. And depending on the circumstances, a lawyer may use spanking to defend one against a child abuse allegation. However, it is important to remember that Los Angeles law prohibits acts that injure children, even if the offender is related to the harmed child.
Los Angeles Law
Several Los Angeles criminal laws come into play if one is accused of causing any form of injury to a child. Here are a few examples:
1. Penal Code 288, 288.5—lascivious and lewd acts upon a child: most child abuse crimes in California are charged under this section.
2. Penal Code 273a (a)—endangerment or abuse of a child: any person who engages in acts that cause bodily harm or death to a child can be charged with child endangerment.
3. Penal Code 273d—physical abuse of a child: t is unlawful to inflict corporal punishment on a minor. Any form of cruel punishment inflicted on a child’s body is considered a corporal punishment.
4. Penal Code 311.11—possession of child pornography: it is a crime to possess or control photographs, images, files, or videos showing minors engaging in sexual behavior.
5. Penal Code 261.5—statutory rape: it is illegal to engage in sexual intercourse with a child under the age of 18.
6. Penal Code 647.6—molesting a child: it is illegal to annoy or molest a child. Annoying a child can be defined as any repeated or continued act or acts meant to disturb or irritate a child. It is unlawful to make sexual advances to a child.
1. Child endangerment: one year in county jail, if the crime is charged as a misdemeanor. But if charged as a felony, the penalty is 2 to 6 years in state prison.
2. Lewd acts: chard as felonies. The sentence is 3 to 16 years in state prison. The person convicted will also be required to register as a sex offender, and pay for the medical treatment of the victim.
3. Physical abuse of a child: the sentence is one year in county jail, if charged as a misdemeanor, or 2 to 6 years in state prison, if charged as a felony.
4. Statutory rape: one year in county jail, if charged as a misdemeanor; however, if charged as a felony, the offender will have to spend 2 to 6 years in state prison.
Usually, crimes in which children are involved have serious consequences. There is always a presumption of guilt by both the community and law enforcement. When charged with such crimes, it is difficult to get lenient sentences like probation and little or no jail time. Therefore, the best way to counter allegations involving child abuse crimes is to have an aggressive defense from the word go. When faced with child abuse allegations, please contact our law firm immediately, so we can assist you with your case.
When it comes to child abuse cases, it is good to act swiftly, and intercede during the early stages. Call our firm today, and we’ll do our best to help you.