Allegations of child abuse and neglect in Melbourne, Florida are taken very seriously no matter if they are true, false, or exaggerated. A criminal conviction for child abuse can result in a prison sentence, the loss of custody, and all contact with your children. It is important to hire a Melbourne criminal defense lawyer to help you fight child abuse charges.
During child custody battles, it is possible for the other party to file false allegations of abuse to gain leverage in the family courts. These allegations must be investigated by law enforcement, which sometimes results in people being charged or convicted even though the allegations are false.
Melbourne Lawyer for Child Abuse Charges
The Law Offices of Mark Germain represents clients in domestic situations accused of child abuse and neglect.
If you have pending child abuse charges in Melbourne, Florida or the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County, contact Germain Legal today.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
- Florida Child Abuse and Neglect Laws
- Penalties for Child Abuse
- Additional Resources
- Brevard County Attorney for Child Abuse Charges
Florida Child Abuse and Neglect Laws
Child abuse is defined under Florida Statutes §827.03 as:
- the intentional infliction of physical pain or mental injury against a child, or
- an intentional act that could reasonably be expected to result in physical or mental injury to the child, or
- active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child.
Any individual who knowingly or willfully abuses a child without causing great bodily harm or permanent disability commits a felony of the third degree.
Aggravated child abuse is defined under Florida Statutes §827.03(1)(a) as a person:
- willfully torturing, punishing, or unlawfully caging a child, or
- knowingly or willfully abusing a child and in so doing causing great bodily harm, disability, or disfigurement to the child.
The punishment for aggravated child abuse is up to 30 years in a Florida state prison. Aggravated child abuse is considered a first-degree felony under Florida law, so it is necessary to get legal representation right away.
The definition of neglect under Florida law refers to a caregiver’s failure or omission to provide a child with care, supervision, and services necessary to maintain the child’s physical and mental health, including but not limited to:
- food
- nutrition
- clothing
- shelter
- supervision
- medicine
- medical services that a prudent person would consider necessary for the well-being of the child
- A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another individual.
Neglect or a pattern of neglect may be established based on repeated conduct or on a single act or omission that results in serious physical injury, mental injury, or substantial risk of death.
A person who willfully neglects a child commits a second-degree felony.
Penalties for Child Abuse
- First-Degree Misdemeanor: If the abuse does not result in great bodily harm, permanent disability, or permanent disfigurement, it is classified as a first-degree misdemeanor. The penalty can be up to 1 year in jail and/or a fine of up to $1,000.
- Third-Degree Felony: If the abuse causes harm but does not meet the criteria for aggravated abuse, it can be classified as a third-degree felony. This can lead to up to 5 years in prison and/or a fine of up to $5,000.
- First-Degree Felony: Aggravated child abuse is classified as a first-degree felony. This can result in up to 30 years in prison, with a mandatory minimum sentence of 25 years if the abuse resulted in great bodily harm, as well as a fine of up to $10,000.
Additional Resources
- Florida Department of Children and Families – Information on how to file child abuse and neglect claims in Melbourne and the surrounding areas.
Brevard County Attorney for Child Abuse Charges
Only a criminal defense attorney in Melbourne can help you. Once you outline the circumstance of your case to our lawyers, we can begin creating a defense to get the child abuse charges dismissed or reduced.
Contact Germain Legal by calling (321) 775-3559 or submit an online form today to start building your defense.
Our office is located in Melbourne, Florida, and we proudly serve the surrounding communities of Palm Bay, Titusville, Rockledge, Merritt Island, Cocoa, and Satellite Beach in Brevard County; Vero Beach and Sebastian in Indian River County; Deltona and Daytona Beach in Volusia County; and Kissimmee and Poinciana in Osceola County.
