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Accusations of child abuse can be devastating, threatening to tear apart families and ruin lives. If you’re facing child abuse charges in Chula Vista, California, you need a skilled defense attorney who will stand by your side and advocate to protect your rights, freedom, and future.
At David P. Shapiro Criminal Defense Attorneys, we understand the high stakes involved in child abuse cases. We’ve successfully defended countless clients against these serious allegations, and we’re ready to put our knowledge, resources, and courtroom experience to work for you.
Under California Penal Code 273d, it is illegal to willfully inflict “cruel or inhuman corporal punishment or an injury resulting in a traumatic condition” on a child. This statute specifically targets physical abuse.
This can include, but is not limited to:
Child abuse can be charged as a misdemeanor or felony, depending on the circumstances and severity. Convictions carry substantial penalties:
Beyond incarceration, a child abuse conviction can lead to loss of child custody and irreparable damage to your reputation and employment prospects. With so much at stake, having a skilled Chula Vista child abuse defense lawyer in your corner is crucial.
Our battle-tested attorneys will mount a powerful defense to child abuse charges, exploring every avenue to achieve the best possible result.
We’ll leave no stone unturned in investigating the accusations against you. This includes:
Our attorneys are formidable negotiators and trial lawyers. We’ll work to:
With decades of combined experience and a track record of success, we know how to effectively navigate the Chula Vista criminal justice system.
We understand a child abuse allegation can upend your life. Our mission is to safeguard what matters most by:
You can count on us to provide caring, client-focused representation through every stage of your case.
While the specific defense strategy will depend on the circumstances of your case, some common defenses against child abuse allegations include:
For a child abuse conviction, the prosecution must prove that you “willfully” inflicted cruel punishment or an injury. If the harm was accidental, you should not be convicted. For example, if you were playfully swinging your child and accidentally bumped their head on a doorframe, that would not meet the criteria for intentional abuse.
Parents are allowed to use reasonable physical discipline, like spanking, as long as it doesn’t cause injury. If a light spanking left a temporary red mark, your attorney could argue that it wasn’t excessive or abusive. The law doesn’t criminalize every parental action that causes minor discomfort.
Unfortunately, child abuse accusations aren’t always true. In some cases, an angry ex may coach a child to make false statements in a custody battle. Or a mandated reporter, like a teacher or doctor, may overreact to an accidental injury. Your lawyer will investigate the accuser’s motivations and background to expose any inconsistencies or ulterior motives.
To convict you of child abuse, the prosecutor must prove their case beyond a reasonable doubt. That’s a high bar. Your attorney will challenge the credibility and reliability of the state’s evidence, working to sow seeds of doubt that prevent a conviction.
Remember, even if the prosecutor has some evidence, that doesn’t mean they can prove the charges beyond a reasonable doubt. There are two sides to every story, and you have the right to present your defense.
If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.
Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.
The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.
Here’s what you need to know to regain control of your future
You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.
Invoke your right to remain silent, and contact an experienced Chula Vista child abuse defense lawyer immediately. Do not speak to police, CPS, or anyone else about the accusations without legal counsel.
Your attorney will gather evidence including medical records, witness statements, expert opinions, polygraph results, and character references to establish your innocence. It’s crucial to involve a lawyer as early as possible to ensure the best defense.
A child abuse conviction can impact custody and visitation, but it doesn’t necessarily mean a permanent loss of parental rights. Your lawyer can advocate for appropriate custody and visitation arrangements.
In some cases, it may be possible to seal or expunge child abuse records. Your attorney can advise you on your eligibility and guide you through the process.
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
