Child endangerment charges, otherwise known as child neglect, will most likely lead to the loss of custody of your children if you are convicted. You may be banned from seeing them while the trial proceeds, even if you are innocent. They can end up in the foster system if there is not another adult able to adequately care for them, which can be scary for you and your children alike.
Many individuals believe that because they are innocent, they do not need a criminal defense attorney in Florida to represent them. They think that the courts will recognize their innocence and dismiss their case. Often, this is untrue. You must hire a criminal defense lawyer to fight aggressively on your behalf.
Child endangerment covers a broad scope of actions under Florida law. You may be charged with child endangerment if it is deemed that you have failed to provide a child with adequate care. The term "care" encompasses a wide variety of factors.
Nutrition and food, proper clothing, safe housing, adequate supervision, and providing the appropriate medical services to a child in need are all covered under the law. Failing to report or protect a child from abuse by another person can also bring a child endangerment charge. Additionally, if you are found to have knowingly and willingly put a child in a dangerous situation, you may face charges. A common example is a DUI arrest with a child in the car, which can bring a child neglect count alongside the enhanced DUI charge.
You may be charged with child endangerment regarding any child in your primary care at the time of the incident, whether or not they are your child. This means that any child you are babysitting or caring for in a school setting, or daycare is your primary responsibility for that designated time. You may be arrested and charged if they are determined to be endangered while in your care.
As many of these aspects are subjective and may be falsely reported without the full context of the situation, you must hire a child-endangerment lawyer to help build a defense.
Child endangerment charges may be treated as an act of domestic violence. Violent charges reflect just as poorly on your record and can severely limit your future freedoms.
In Florida, every child neglect and child abuse charge under Fla. Stat. § 827.03 is a felony, and the tier depends on the harm alleged:
- Child neglect that does not cause great bodily harm is a third-degree felony, punishable by up to 5 years in prison and a $5,000 fine.
- Child neglect that causes great bodily harm, permanent disability, or permanent disfigurement is a second-degree felony, punishable by up to 15 years in prison and a $10,000 fine.
- Child abuse, meaning an intentional act that causes or could reasonably be expected to cause physical or mental injury, is a third-degree felony, punishable by up to 5 years in prison.
- Aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison and a $10,000 fine.
If you are convicted, it is almost certain that you will lose custody of your children or be banned from contact with the child you are charged with neglecting.
Once you lose custody, several things may happen. You may not be allowed to have any contact with your child at all, or you may be restricted to supervised visits with a trusted family member or social worker. It will be up to the courts to determine visitation stipulations, as well as the time-frame for a no-contact order. If there are other children in your care, they may also be taken out of your custody even if the charges did not pertain to them.
Felony charges remain on your record in the state of Florida permanently. You must report them on most job applications, to housing authorities, and when applying for specific professional licenses and purchasing firearms. Depending on the case, you may not be able to have the charge expunged in the future, which means that it will follow you permanently.
For this reason, you must hire a lawyer for child endangerment charges to represent you. Many of your freedoms are at stake, and it can make a difference for the rest of your life.
Aggravated Child Abuse
Child abuse crimes in Florida can be charged as aggravated child abuse under Florida Statute § 827.03(2)(a).
Aggravated child abuse is charged when a person:
- Commits aggravated battery on a child
- Willfully tortures a child
- Maliciously punishes a child
- Willfully and unlawfully cages a child
- Willfully or knowingly abuse a child and cause bodily harm
- Willfully or knowingly cause permanent disfigurement to a child
- Willfully or knowingly cause permanent disability to a child
Several arguments can help build your case, and a child endangerment attorney will know precisely how to argue your case in a court of law. It is common for those charged with child endangerment to be falsely accused.
Sometimes, an angry spouse or co-parent or persons involved in a custody battle seek to prove that the opposing side has committed child endangerment in an attempt to win custody. Other times, cases are reported by others who mean well but do not know the full situation. Either way, the Florida Department of Children and Families (DCF) will get involved and conduct an investigation. If their findings rule against you, it will result in a criminal charge.
A child endangerment lawyer will help collect evidence to prove you are not dangerous to the child. There are many ways to do this. Often, witnesses and those close to the person being charged are called to testify as character witnesses. These are people that will make statements in court substantiating that you do not neglect or endanger your child and are a responsible caregiver.
Additionally, it must be proved that you knowingly endangered your child, or were competent to understand that you were doing so. You cannot be convicted if this cannot be proven beyond a reasonable doubt.
If the case is dismissed or the charges are dropped, the arrest record may qualify for expungement, which is one more reason to hire a child endangerment attorney rather than accept a plea. Doing so keeps open the chance to erase the charges from your record and clear your name.
Child endangerment and child neglect charges are a serious matter that can result in a lengthy investigation by the Department of Children and Families (DCF) and ongoing involvement with the agency. The goal is always to protect the child and ensure they are cared for appropriately. It is imperative to hire a child endangerment lawyer who will fight aggressively to defend you. Doing so can help you avoid loss of custody, prison time, significant fines, and many other obstacles you will face if convicted.
