Child Abuse / Neglect
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Child Abuse / Neglect

Allegations of child abuse and neglect in Melbourne, Florida are taken very seriously, whether they are false or exaggerated. A criminal conviction for child abuse can cause you to go to prison and lose 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 false allegations must be investigated and sometimes people are convicted even though the allegations are false.

Melbourne Child Abuse Defense Lawyer

The Law Offices of Germain & McCarthy, LLC represent clients in domestic situations accused of child abuse and neglect. If you have pending child abuse charges in Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne and Palm Bay, contact us at (321) 253-3447 for a free consultation on how we can defend your child abuse case.


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 expect 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 punishable by 5 years in a Florida State Prison.

Aggravated child abuse is defined under Florida Statutes §827.03 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 includes:

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 or
  • A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect or exploitation by another individual.

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 punishable by a sentence of up to 15 years in a Florida state prison.


Resources

Florida Department of Children and Families – Information on how to file child abuse and neglect claims in Melbourne and the surrounding areas.


Law Offices of Germain & McCarthy, LLC | Child Neglect Attorney in Brevard County

If you have been charged with child abuse and neglect in Melbourne, Satellite Beach, Merritt Island, Titusville, Viera, Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Melbourne Beach, West Melbourne or Palm Bay, contact the Law Offices of Germain & McCarthy, LLC at (321) 253-3447 to get immediate legal representation. 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.

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The information provided on this website is for general information purposes only. The legal information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a criminal defense lawyer in Orlando, FL, for advice regarding your own individual situation.
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