Child Abuse / Neglect

When an allegation of child support is reported to the authorities, the law enforcement agencies throughout Leon County, FL and the surrounding areas spring into action. In most of these cases, Child Protective Investigators with the Florida Department of Children and Families take an aggressive approach to gathering evidence and securing witness statements. False allegations are common, especially when one parent wants to secure an unfair advantage in a pending or anticipated child custody action.

Tallahassee Child Abuse Defense Attorney

In many counties throughout North Florida's Big Bend area, child protective investigators and detectives will seek to prosecute the crime if any mark is left on the child from any discipline or punishment other than a swat to the buttocks. When parents are prosecuted for acts intended to discipline the child, special care must be taken to protect the parent from an unfair and overly aggressive prosecution.

Once you learn that you or a loved one is the target of a false allegation of child abuse, never speak to any law enforcement officer or child protective investigator. Instead, invoke your right to remain silent until after you have spoken to an experienced criminal defense attorney. Find out more about what you might need to do today to protect yourself and your family against a false allegation of child abuse.

Contact the Law Offices of Don Pumphrey, Jr., to speak directly with a Tallahassee criminal defense attorney about the specific facts and circumstances that surround an allegation of child support made against you or a loved one. We represent men and women charged with false or exaggerated allegations of child abuse throughout Tallahassee in Leon County, FL, and the surrounding areas of North Florida including Crawfordville in Wakulla County, Monticello in Jefferson County, Quincy in Gadsden County, and Bristol in Liberty County, Florida.

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Florida Child Abuse Information Center

• Florida Statute For Child Abuse
• Florida Statue for Aggravated Battery Constituting Child Abuse
• Florida Statue for Aggravated Child Abuse
• When the Child is Take from the Home After A Child Abuse Accusation in Tallahassee
• Related Statues of Abuse of Children Under Florida Law
• Florida Child Abuse Resources

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Florida Statute for Child Abuse

Child abuse cases in Florida can be prosecuted as either a misdemeanor or felony offense. Under Florida Statute Section 827.03(1), child abuse requires that the prosecutor prove the following elements beyond all reasonable doubt:.

1. The Defendant intentionally inflicted mental injury or physical injury upon a child under the age of 18 years old.
2. The Defendant committed an intentional act that could reasonably be expected to result in mental injury or physical injury to the child under the age of 18 years old.
3. The Defendant actively encouraged another person to commit an act that actually resulted in mental injury or physical to the child or that could reasonably be expected to result in mental injury or physical injury to the child under the age of 18 years old.

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Florida Statute for Aggravated Battery Constituting Child Abuse

When the crime of aggravated battery constituting child abuse under Florida Statute Section 827.03 is alleged, the prosecutor must prove the following elements beyond all reasonable doubt.:

1. The Defendant committed a battery against the child by intentionally striking or touching the child against his or her will in a manner that causes bodily harm to the child;
2. In committing the battery on the child one of the following occurred;
   • The Defendant knowingly or intentionally caused the child to suffer permanent disability, permanent disfigurement or great bodily harm; or
   • Used a deadly weapon to commit the battery against the child.

Under Florida's aggravated child abuse statute, the term "deadly weapon" includes any weapon which the Defendant actually used or threatened to use in a way likely to cause great bodily harm or death. Lesser included offenses for aggravated battery resulting in abuse against a child can include child abuse or attempted aggravated child abuse. In certain circumstances, the crime of misdemeanor battery under Florida Statute Section 784.03 may constitute a lesser included offense.

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Florida Statute for Aggravated Child Abuse Under Florida Statute Section 827.03(2), the prosecutor with the State Attorney's Office must prove the crime occurred under one of the following four theories:

1. The Defendant committed an aggravated battery upon a child under the age of 18;
2. The Defendant willfully and knowingly committed abuse upon the child and in doing so caused permanent disability, great bodily harm or permanent disfigurement.
3. The Defendant maliciously punished the child;
4. The Defendant willfully tortured the child; or
5. The Defendant unlawfully and willfully caged the child.

Florida's child abuse statute defines "deadly weapon" as any weapon that was either used or was threatened to be used in a way likely to cause great bodily harm or death to the child. When it is alleged that the Defendant tortured the child, the prosecutor with the State Attorney's Office must prove that the Defendant acted willfully, intentionally and without legal excuse or justification.

When the circumstances show that the primary purpose of the acts was to cause the the victim unjustifiable injury or pain or that a reasonable parent would not have committed the damaging acts towards the child for any valid reason, then the element of "malicious" torture could be established. Lesser included offense can include attempted aggravated child abuse, child abuse under Florida Statute Section 827.03(1), and misdemeanor battery in certain cases.

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When the Child is Taken From the Home After a Child Abuse Accusation in Tallahassee

When it is alleged that the child has been abused, neglected or abandoned by the parents, legal guardian or legal custodians then the child may be declared to be a "dependent child." In fact, the child can be declared to be dependent if it is alleged that a "substantial risk" exists for the child to be the victim of abuse or neglect by he parent or legal guardian.

After the child has been removed from the home, the Department of Children and Families takes temporary custody of the child. The DCF should notify you of the initial court date. You should also verify any court dates yourself through the Clerk of Court's Office located at 301 S. Monroe St., Suite 100, Tallahassee, FL. You must provide proper identification to prove that you are the child's legal parent or guardian. Third parties, including grandparents, are often prevented from obtaining any information about the child from the Clerk's office.

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Related Statues on Abuse of Children under Florida Law

The most common child abuse offenses prosecuted in Florida, include the following:

• Child Abuse under Florida Statute § 827.03(1)
• Aggravated Child Abuse under Florida Statute § 827.03(2)
• Aggravated Child Abuse (Aggravated Battery) under Florida Statute § 827.03
• Contributing to Child Delinquency or Dependency or to Child in Need of Services under Florida Statute § 827.04(3)
• Neglect of a Child (Great Bodily Harm, Permanent Disability, or Permanent Disfigurement) under Florida Statute § 827.03(3)(b)
• Neglect of a Child (Without Great Bodily Harm, Permanent Disability, or Permanent Disfigurement) under Florida Statute § 827.03(3)(c)
• Leaving a Child Unattended or Unsupervised in a Motor Vehicle under Florida Statutes § 316.6135
• Possession of Material Including Sexual Conduct by a Child with Intent to Promote under Florida Statute § 827.071(4)
• Possession of Material Including Sexual Conduct by a Child under Florida Statute § 827.071(5)
• Promoting a Sexual Performance by a Child under Florida Statute § 827.071(3)
• Use of a Child in a Sexual Performance under Florida Statute § 827.071(2)
• Use of a Child in a Sexual Performance with Consent of Parent, Legal Guardian, or Custodian under Florida Statute § 827.071(2)

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Florida Child Abuse Resources

Child Abuse Prevention from Children's Home Society for Leon County, FL - The Children's Home Society provides in-home marriage enrichment education and relationship skills to adoptive parents both before and after the adoption process begins to help with a smooth transition of new children into the home.

Caring Couples Program for Leon County, FL:

The Family Institute at Florida State University - Provides pre-marital education, parenting and relationship skills for engaged couples, new parents and students at FSU.

Live the Life, Inc. - The Live the Life program provides relationship and parenting skills to parents and couples in Leon County, Franklin County, Gadsden County, Jefferson County, Liberty County, Madison County, Taylor County, Wakulla County, Florida through the Tallahassee Healthy Marriage Campaign.

Volunteer to Prevent Child Abuse in Leon County, FL - Find a list of volunteer opportunities through the Big Bend areas of North Florida that help reduce incidents of child abuse and provide services to promote healthy families in our communities.

Facebook Page for North Central Division of Children's Home Society of Florida - Stay connected with information important to criminal justice professional interested in preventing child abuse and defending those against overly aggressive prosecutions. The North Central Division of Children's Home Society opened its office in Tallahassee in 1964 and provides services throughout the Big Bend region, including Leon County, Gadsden County, Liberty County, Wakulla County, Jefferson County, and Franklin County, FL.

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The Law Offices of Don Pumphrey, Jr. | Tallahassee Neglect Defense Lawyer

Our law offices provide experienced legal representation for cases regarding an accusation of child abuse made against you or a loved one, in Tallahassee in Leon County, FL, and the surrounding areas of North Florida including Crawfordville in Wakulla County, Monticello in Jefferson County, Quincy in Gadsden County, and Bristol in Liberty County, Florida. As a domestic violence defense attorney in Tallahassee, Don Pumphrey, Jr. has helped defend mothers and fathers from potentially damaging accusations. Contact The Law Offices of Don Pumphrey, Jr at 813-250-0500 today for a free consultation.