Chula Vista Child Abuse Defense Lawyers

Our team has experience handling sensitive child abuse and neglect cases in Chula Vista. We’ll work to uncover the full story and protect your parental rights and reputation.

Chula Vista Child Abuse & Neglect Defense

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.

What Constitutes Child Abuse Under California Law?

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:

• Hitting a child with a belt, leaving welts or bruises
• Slapping a child hard enough to cause redness or swelling
• Aggressively shaking a young child
• Shoving or pushing a child into a wall or piece of furniture

Penalties for Child Abuse Convictions in Chula Vista

Child abuse can be charged as a misdemeanor or felony, depending on the circumstances and severity. Convictions carry substantial penalties:

• Misdemeanor: Up to 1 year in county jail and $6,000 in fines
• Felony: 2, 4, or 6 years in state prison and $6,000 in fines

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.

How Our Chula Vista Child Abuse Defense Attorneys Can Help

Our battle-tested attorneys will mount a powerful defense to child abuse charges, exploring every avenue to achieve the best possible result.

Thorough Investigation of Allegations

We’ll leave no stone unturned in investigating the accusations against you. This includes:

• Gathering and analyzing medical records, photographs, and other key evidence
• Interviewing witnesses to uncover inconsistencies or ulterior motives
• Working with respected experts, including psychologists, medical professionals, and investigators, to dispute the allegations

Skilled Negotiation and Courtroom Advocacy

Our attorneys are formidable negotiators and trial lawyers. We’ll work to:

• Pursue dismissal of charges when evidence is weak or improperly obtained
• Negotiate favorable plea bargains to minimize penalties
• Present a compelling defense at trial, vigorously cross-examining accusers and arguing for acquittal

With decades of combined experience and a track record of success, we know how to effectively navigate the Chula Vista criminal justice system.

Protecting Your Rights and Future

We understand a child abuse allegation can upend your life. Our mission is to safeguard what matters most by:

• Fighting false allegations and overzealous prosecution
• Preserving your child custody and visitation rights
• Expunging or sealing records to protect your future

You can count on us to provide caring, client-focused representation through every stage of your case.

Defending Against Different Types of Child Abuse Charges

While the specific defense strategy will depend on the circumstances of your case, some common defenses against child abuse allegations include:

The Injury Was an Accident

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.

Reasonable Parental Discipline

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.

False Allegations

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.

Insufficient Evidence

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.

Contact Our Chula Vista Child Abuse Defense Attorneys Today

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.