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Punishment for Child Abuse in California
Given its potential to cause lasting physical, emotional, and psychological harm, child abuse is considered a serious offense throughout the US and especially in California. Therefore, it comes as no surprise that the possible punishment reflects the severity of the crime.
Being accused of child abuse can lead to a host of consequences, including hefty fines and jail/prison time, among others. Be advised that, while knowing the defense strategies for this crime can be helpful, the aid of an excellent San Diego child abuse defense attorney remains a crucial factor in securing the favorable outcome of the case.
Is child abuse a felony or misdemeanor in California?
In California, child abuse is considered a “wobbler” case, meaning that the persecutor can choose to pursue it as either a felony or a misdemeanor. How they choose to proceed will depend on a number of factors, including:
- Severity: The more serious the physical, emotional, or psychological harm is inflicted upon a child, the more likely it is for the case to be pursued as a felony.
- Intent: If the abuse is deliberate and malicious, or there are aggravating factors present (such as using a weapon to cause harm), the case is more likely to be a felony.
- History: If the perpetrator is a repeat offender, or has a history of domestic violence in general felony charges are likely.
- Note: This is not restricted to child abuse only but, rather, can refer to previous cases of domestic violence, such as convictions for spousal battery or corporal injury.
- Type of abuse: Some forms of child abuse are treated more harshly than others, such as sexual abuse or severe neglect.
- Legal definition: California law specifically defines elements of different types of child abuse (i.e. physical, sexual, emotional, neglect) and whether they’re felonies or misdemeanors.
How long can you go to jail for abusing a child?
Based on the aforementioned criteria, being sentenced for child abuse can result in:
- Felony child abuse: 2, 4, or 6 years in state prison.
- Misdemeanor child abuse: up to 1 year in county jail.
Additional penalties
In addition to prison/jail time, the perpetrator can be subject to additional penalties, as follows:
- Felony child abuse:
- Fines of up to $6,000;
- Mandatory counseling via a 1-year Child Abuser’s Treatment Program;
- 1 strike on a criminal record, per CA “Three Strikes” law;
- Formal probation for a minimum of 3 years;
- Being issued a Protective Order (a.k.a. Restraining Order);
- Being issued a Stay Away Order;
- Misdemeanor child abuse:
- Fines of up to $6,000;
- Mandatory counseling via a 1-year Child Abuser’s Treatment Program;
- Informal probation for a minimum of 3 years;
- Being issued a Protective Order;
- Being issued a Stay Away Order.
Finally, being found guilty of child abuse can result in a restriction on custody and visitation rights or, in the most severe cases, complete and lasting termination of parental rights.
Sentence enhancements for child abuse
In addition to all of the aforementioned penalties, individuals guilty of child abuse in California will receive an additional four-year enhancement to their prison sentence for every prior conviction of the same offense.
Which San Diego child abuse defense attorney near me is considered a true specialist?
Monder Criminal Lawyer Group specializes in different facets of domestic violence laws, from child abuse and neglect to spousal battery and assault to abuse of the elder and many more. We have extensive experience defending against all types of allegations and we’re widely recognized for our strategic yet personalized approach to every case. If you’re looking for a team that goes above and beyond to protect your liberty and your legal rights, we’re your top choice anywhere in the San Diego Bay region and beyond. Reach out today!
