Is Spanking Your Child Considered “Child Abuse” in Florida

Is Spanking Your Child Considered “Child Abuse” in Florida

An arrest for Child Abuse in Pinellas County, Florida can have serious and permanent ramifications. In this article, the best Child Abuse Criminal Defense Attorneys near me discuss a legal issue that commonly comes up in Child Abuse cases in the St. Petersburg and Clearwater areas: whether spanking your child constitutes “Child Abuse.”

Child Abuse Defined

Under Florida Statute 827.03, it is unlawful for an individual to knowingly and willfully inflict physical or mental injury on a child, to commit an intentional act that could reasonably be expected to result in physical or mental injury to a child, or to actively encourage another person to commit an act that resulted in or could reasonably be expected to result in physical or mental injury. In this context, a child is defined as a person under the age of 18.

An Affirmative Defense

A parent or a person acting in the place of a parent may raise an affirmative defense to an allegation of “Child Abuse” if the parent imposed reasonable physical displine on the child for misbehavior under the circumstances even though physical injury resulted from the discipline. Thus, a parent may have an affirmative defense to an allegation of “Child Abuse” for spanking their child if such conduct was a reasonable exercise of parental discipline for misbehavior.

Contact Our Office for a Free Consultation

If you or a loved one has been arrested or under police investigation for an allegation of “Child Abuse,” contact our office at 727-855-3847 for a free consultation. In some cases, our early intervention with the prosecutor may result in the charges being dismissed. Our top-rated criminal defense lawyers in Clearwater look forward to speaking with you.