Hickory Child Abuse Defense Lawyer

Hickory Child Abuse Defense Attorney

When a violent or harmful act is committed against a child, it is generally considered child abuse. The law tends to take accusations of crimes against children seriously. When a person is faced with these accusations, those can come with a myriad of consequences, whether the accused person has been declared guilty or not. If you or someone you know is facing child abuse charges, a Hickory child abuse defense lawyer can help.

Cody Law Firm: A Law Firm You Can Trust

A Hickory criminal defense attorney can help you navigate the legal process when faced with child abuse accusations. At Cody Law Firm, we take your rights and desires seriously. With years in criminal defense, we are dedicated to providing you with the legal representation you need. These accusations can take an emotional toll on those who are accused.

We can conduct thorough investigations and build an aggressive defense while protecting your rights and reputation. We can develop personalized strategies tailored to your unique situation. We have a track record of successful outcomes. We can work hard to achieve the greatest possible result for your situation.

What Is Considered Child Abuse?

Child abuse covers a range of offenses. Generally speaking, an offense that harms a child physically, mentally, or emotionally is considered child abuse. Some examples of child abuse include:

• This includes the physical harm to a child. This can result in injuries like bruises or scrapes and can be as serious as broken bones. If the act is intentional, it is considered abuse, whether or not the act causes an injury.
• Sexual abuse. Any sexual act committed against a child is considered abuse and may also fall under additional charges. By law, children are not capable of consenting to sexual acts. Therefore, sexual abuse is considered a very serious offense.
• Negligence is not to be confused with accidents. For example, accidentally bumping into a child and causing them to fall may not be considered child abuse, but intentionally abandoning a small child for days when they are unable to fend for themselves would likely be considered abuse. Failing to provide a child’s basic needs may also be considered abuse.
• Emotional trauma. With emotional trauma, no physical harm necessarily has to be present. However, if a person continuously humiliates a child, threatens a child, or exposes them to harmful situations, such as allowing them to witness domestic violence, they have committed child abuse.
• Excessive discipline. Excessive discipline is typically determined by the court. In these cases, the discipline may begin as reasonable and escalate to excessive degrees. An example of this would be spanking, which is generally still legal, but it can turn into abuse. The court will look at numerous factors, including the child’s age, the force used, and the effects of the abuse (such as any bruising or psychological damage).

Penalties for Child Abuse

A child abuse conviction can be considered a felony or misdemeanor, depending on the crime and the severity of the actions. A child abuse conviction will more than likely be considered a felony. However, if a parent exposes their child to violence, that may be classified as a misdemeanor. Some common penalties for child abuse include:

• Jail or prison time. If a defendant is convicted and is sentenced to jail or prison, the amount of time they’ll serve will depend largely on the severity of the crime. If the crime was a misdemeanor, they may only spend a few days or weeks in jail. If the crime was a serious felony, they are at risk of spending many years in prison.
• Probation. Probation is a common penalty for less serious child abuse crimes. Probation is usually a time-sentenced crime and comes with terms for completion. If a person violates their terms, they could be at risk of jail time.
• Fines. Child abuse convictions can come with hefty fines.
• Loss of parental rights. If the abuse was committed by a parent, they can be at risk of losing their parental rights, especially in heinous offenses.
• Restraining orders. In cases where the child’s well-being is believed to be at risk, the defendant may be issued a restraining order to stay away from the child.
• Child removal. If the child is believed to be in danger, the state may remove the child from their home through protective custody or being placed with a foster family.
• Supervised visits. If the parent is the one being charged with child abuse, they may only be allowed supervised visits with the child, especially if the child’s safety is of concern.

FAQs

Q: How Much Is a Defense Attorney in North Carolina?

A: The cost of a defense attorney in North Carolina depends on a number of factors. Some lawyers charge by the hour, which varies for each lawyer. Some charge flat fees, and some charge retainer fees. Also, generally speaking, the more complex a case is, the more the defense attorney will charge for their services.

Q: Is a Dirty House Considered Child Neglect?

A: A dirty house can be considered child neglect if it is dirty enough to pose a significant risk to the child. These could include factors that threaten the child’s safety or general well-being, such as lack of adequate food or water, the presence of hazardous items such as mold or pests, or other health risks, such as the presence of human waste or excessive trash.

Q: What Is Not Considered Abuse?

A: In North Carolina, there are some actions that are not considered abuse. Some of these include reasonable discipline (discipline that does not include excessive force or causes injury), accidental injuries that are not a result of neglect, or cultural actions that do not harm the child. Generally speaking, if the act does not intentionally or negligently cause physical, psychological, or emotional harm to the child, it is likely not considered abuse.

Q: Can CPS Look Around Your House?

A: Child Protective Services can look around your house. However, they must meet certain requirements. They must have your permission to enter the home. If you do not give them permission and there is no reason to believe the child is in danger, they must have a warrant to enter. CPS may, however, enter the home in emergency situations.

Contact Cody Law Firm Today

If you or someone you know has been accused of child abuse, you don’t have to face it alone. You still have rights. Cody Law Firm can help you in this process. Contact us today to talk to a Hickory criminal defense attorney for more information.