PC 273D – California Child Abuse
Being a parent is extremely difficult: societal expectations for parents have grown exponentially over the last few years, and more parents are falling victim to “parent shaming.” Everyone assumes that they know best, but the only one who really knows what is best for a child is the person that spends the most time with them. Of course there are going to be exceptions to this rule, but for the most part, parents know what is best for their children.
Unfortunately, laws governing the ways in which parents can discipline their children have become very limiting, making it difficult for some to be the parents that they want to be.
What is considered child abuse in the United States is common parenting elsewhere, which has led to criminal charges for some who are simply parenting in accordance with their heritage or culture. Others feel that their child or children need physical punishment to help them stop dangerous behavior.
Whatever the reason for your PC 273 charge, you are in serious trouble. If convicted, it is possible for you to spend time in prison for your offenses, but there is still plenty of hope.
Contact my domestic violence law firm to help ensure that evidence proving your innocence and other important steps are taken to help you and yours avoid a criminal conviction on your record and move on with your life.
What Is Child Abuse Under PC 273D?
California penal code 273D governs acts of physical injury or cruel physical punishment committed against children. Unlike other similar penal codes relating to child endangerment, penal code 273D PC deals specifically with acts of physical abuse, rather than emotional.
There is a lot of misinformation currently available to parents attempting to act within the guidelines of governing laws. The following are considered acts of physical abuse by the state of California that can result in a PC 273D criminal conviction:
– Hitting a child in a way that leaves a mark
– Fighting physically with your child leaving marks and/or bruises
– Using a belt to beat a child in an attempt to discipline
Too often, parents who are simply trying to discipline their children in the best way that they know how violate California’s laws pertaining to child abuse. If this sounds like you, you may have a valid defense to help clear you of your charges. Regardless, speaking with a skilled California domestic violence attorney may be in your best interest.
What If My Child Falsely Accuses Me of Abuse?
With so many laws restricting the ways in which parents can discipline their children as well as the widespread information distribute to kids to help the abused get help, there are some instances in which innocent parents are accused by their children of committing child abuse. In these cases, you may have several opportunities to show that your child is lying about you and your treatment of them.
As a parent, dealing with false accusations of child abuse can be its own battle. It can be very difficult to accept the fact that your child would do such a horrific thing, but don’t feel too bad, it happens. Hopefully, once your name has been cleared and the authorities are aware of what really happened, your child will likely have been taught a valuable lesson.
Children, especially ones in their early teens or teenage years, have a lot of emotion that they simply do not know how to deal with. Feelings of resentment can build up and become overwhelming, leading to really bad decisions.
An experienced domestic violence defense attorney will be able to evaluate the evidence for and against you to help expose flaws in the prosecutor’s case. In instances of false allegations, hiring a skilled lawyer can be extremely beneficial. Your innocence may likely rely upon the level of investigation and representation you have on your side.
If an attorney can convince a judge and/or jury that your child’s statements do not match up with reality, your charges may be dropped and your case dismissed.
What Are the Penalties for PC 273D Violations?
California penal code 273D is a wobbler criminal offense. This means that those who are charged with violating this penal code may face a misdemeanor or a felony on their criminal record depending upon which charge the prosecutor wants to pursue. Whether your offense will be a felony or misdemeanor largely relies upon your case facts and your previous criminal history.
The following are the possible penalties for those who have been charged with violating PC 273D:
– One year in jail
– Six years in prison
Previous history of child abuse
– More than six years in prison
California PC 273D Child Abuse Defense
Those facing charges for physically abusing their child may be best served by contacting a domestic violence defense attorney as soon as possible. If convicted, you may be ordered to serve time in prison and stay away from your child/children. Depending on your type of charge, you may also be required to have your name included on California’s sex offender’s registry list.
If you are in need of a skilled attorney to protect your rights, call (888) 250-2865 and a Law Offices of Randy Collins defense lawyer will provide you with a free case evaluation. Your case may have approaching deadlines. Call today to avoid making costly mistakes and find out what options you have available.