Los Angeles Child Abuse Defense Attorney
Experienced Criminal Defense Lawyers
Juries, judges, prosecutors, the media and just about everyone has an extremely negative view of anyone who is even accused of the crime of child abuse. While there are degrees of this crime, it is often treated like domestic violence crimes in that even an allegation has to lead to a police investigation no matter how much the supposed victim denies the abuse. Having a criminal defense attorney who can defend you in a Los Angeles Court is absolutely necessary because the deck is "stacked against" anyone accused of child abuse.
Understanding Child Abuse
A child abuse attorney will explain that not every crime in this category is obvious. There are a number of crimes termed abuse, including chronic neglect or starvation by a parent or caregiver, physical abuse, abuse of children in a foster home, "shaken baby" syndrome, or even a child brought into the emergency room with signs of physical trauma. Other incidences of abuse include sexual abuse by a parent, step-parent or guardian and witnessing domestic violence without reporting it. Abuse can also be as seemingly innocuous as failing to meet the requirements of a child's education.
Types of Child Abuse Criminal Charges
California has a number of laws protecting children from neglect, broken bones, sexual abuse, brain trauma, skull fractures, shaken baby syndrome and more. The federal government passed the Child abuse Prevent and Treatment Act (CAPTA) which each state must adopt in terms of defining acts of abuse against children. This includes:
- Physical Abuse - This includes bruising, broken bones, brain damage, cuts, burns and concussions. These types of injuries can occur as a result of kicking, punching, beating, shaking, burning or throwing a child.
- Emotional Abuse - Parents, teachers, foster parents and other caregivers can be charged with a negative pattern of behavior that seriously impacts a minor.
- Sexual Abuse - This is seen as one of the most severe types of child abuse. Any use of a child for sexual gratification is considered child sex abuse. This includes inducing, coercing or persuading a minor to engage in a sex act. Rape, child prostitution, child pornography and sexual exploitation of a minor are all further examples.
- Child Neglect - Neglect makes up roughly 60% of all abuse cases where a parent or guardian fails to properly care for a minor in their care.
Not-Guilty Verdict in Torrance Court Child Abuse Case
Criminal defense lawyer Alan Eisner represented a client charged with two counts of child abuse (California Penal Code § 273a) The allegations stemmed from an incident where the ex-wife called 911 and alleged that his client had been hitting their two sons. When officers showed up, however, they checked the two boys for any signs of injury and found none.
The ex-wife had a history of making these types of allegations ever since her and her husband began divorce proceedings in 2007 and since the court granted sole physical custody to his client. largely based on her history of substance abuse. Each one of her allegations to law enforcement was investigated and evaluated by the Los Angeles County Department of Child and Family Services and determined to be unfounded.
When the prosecution refused to drop the charges despite her history of making unfounded allegations, attorney Alan Eisner and his client decided to go to trial. Over the week long trial, Mr. Eisner presented testimony of four character witnesses who all attested to his clients attentive and considerate parenting skills. His two sons, as well as their older sister, also testified positively about their relationships with their father. Through the combination of this positive testimony about his client with the lack of evidence from the prosecution, Mr. Eisner successfully led the jury to find him not guilty on both counts.
Contact a Qualified Child Abuse lawyer
For people who have been arrested for, investigated for or charged with child abuse, contacting a qualified criminal defense lawyer is absolutely necessary. Eisner Gorin LLP has years of experience representing people charged with a variety of domestic violence crimes. We have experience defending people charged with spousal abuse, child abuse and other types of
domestic violence. Call us today at 877-781-1570.