It is no surprise the California legal system takes crimes against children seriously and works diligently to protect this vulnerable portion of the population. Due to the nature of these cases, they are often pursued aggressively and punished harshly. Unfortunately, this method of prosecution can result in individuals being dealt punishments that change the course of their lives. A Moreno Valley child neglect lawyer can help prevent this from happening to you.
Having an experienced lawyer on your side can make all the difference in your case if you have been accused of child neglect. The My SoCal Lawyers team can form a strategy for your defense and work to protect your freedom. With over 70 years of combined legal experience, our lawyers are more than capable of ensuring your rights are protected and the best interests of the child(ren) involved are upheld throughout the case.
Though parents are given authority over how they raise their children under California law, there are certain standards that must be met. A child neglect charge can result after an individual is accused of consistently failing to meet a child’s most basic physical and mental needs without a legitimate reason. Under this law, a child is defined as a person under the age of 18 years old.
Child neglect can have many different appearances, but most neglect falls under four main categories:
In Moreno Valley, CA, since child neglect is an incredibly nuanced area of law with many potentially complicating factors, working with an attorney knowledgeable in the area is often a requirement to successfully protect yourself and the child(ren) involved.
Child neglect is defined and criminalized in California Penal Code 270 PC. It separates neglect severity into two levels: general and severe.
California Penal Code 270 PC also states who can be charged with child neglect. Though the phrasing used in the law is “parent,” it is broadly defined to include anyone legally responsible for the child’s care. This can include:
It is also important to note that a pregnant mother can be charged with child neglect if they fail to provide primary care for the unborn fetus, as the fetus is considered a minor child under this statute.
Child neglect can appear in many different ways, but a few examples include:
Because child neglect can have numerous appearances and some forms are subjective, it is important that the case be documented appropriately in your defense. It is not uncommon for reports to be exaggerated or a situation to be misunderstood by an outside observer. A skilled child neglect defense attorney can help you clearly communicate your situation and potentially discredit the prosecution’s case.
If you have been accused of child neglect, there is a possibility that you will also be charged with other crimes, depending on the circumstances of your case.
The law does exclude good faith corporal punishment that uses force reasonably for the situation. Child abuse can be charged as either a misdemeanor or a felony, depending on factors like the severity of the abuse and the accused’s criminal history.
In order for the prosecution to effectively charge you with child neglect, they must prove certain aspects of the case. These aspects include:
The definition of parent under California law is broad and highly contested, so it is possible that you do not fit the definition. Acting intentionally requires you to have knowingly failed to meet the child’s needs, and there are many questions about what qualifies as a legitimate excuse. An experienced Moreno Valley child neglect defense attorney will have a thorough knowledge of the nuances of child neglect laws, allowing you the most effective defense for your specific circumstances.
Child neglect is classified as a misdemeanor. If convicted, the defendant risks the following criminal penalties:
Often, misdemeanor child neglect is punished with probation instead of jail time. This means spending very little time in jail and instead meeting the criteria specified in the probation terms. This can include conditions like enrolling in parenting programs, seeking employment, attending counseling sessions, or participating in community service. Failure of the defendant to meet the terms of the probation will likely result in the court revoking the probation and sentencing them to jail.
Another consequence of being accused of child neglect is Child Protective Services involvement. CPS is required to investigate all claims of child neglect, abuse, or exploitation. Though the goal is to keep families intact, children can be removed from their parents or guardians if the situation is determined to be unsafe. Unfortunately, it can be confusing to determine exactly what CPS is authorized to do. A child neglect attorney can help you navigate the CPS investigation.
Building a comprehensive defense requires a thorough understanding of the law, but there are a few common arguments frequently used in child neglect cases. They include:
An experienced child neglect attorney can help you evaluate the evidence and accusations levied against you and then choose the most effective defense for your case.
Having child neglect charges brought against you is already terrifying, but it becomes even more so when you consider the involvement of the police, the prosecution, and potentially CPS. My SoCal Lawyers are ready to support you through this difficult process; reach out to our office for a consultation with our knowledgeable team today.