Child Abuse & Neglect Lawyer in Miami

Also Serving Fort Lauderdale

Children are generally viewed as among the most vulnerable groups of victims, and crimes involving any abuse or neglect of children are thus taken very seriously by state prosecutors. Alleged offenders accused of abusing or neglecting children will often face felony charges that can carry severe penalties.

Since so many cases of alleged child abuse or neglect rely on witness testimony, alleged offenders can often find themselves facing criminal charges as the result of misunderstandings. In some cases, parents or legal guardians are guilty of nothing other than disciplining their children and some alleged offenders may even be falsely accused by former spouses when the couple is in the midst of contentious child custody or divorce proceedings.

If you think that you might be under investigation or you were already arrested for alleged neglect or abuse of a child, don't say anything to authorities without legal counsel. The Miami child abuse and neglect lawyer at The Hoffman Firm fights to protect the rights of parents and legal guardians.

Call 305-249-0090 if you are in Miami, 954-524-4474 if you are in Broward County or contact us online for a free consultation about your case.

Definitions of Child Abuse and Neglect in Florida

Child abuse and neglect of a child are two separate offenses under state law in Florida. Either crime is classified as a felony offense.

Child abuse—sometimes referred to as so-called “simple child abuse”—is defined under Florida Statute § 827.03(1)(b) as:

• Active encouragement of any person to commit an act that results or could reasonably be expected to result in physical or mental injury to a child
• An intentional act that could reasonably be expected to result in physical or mental injury to a child
• Intentional infliction of physical or mental injury upon a child

Under Florida Statute § 827.03(1)(a), aggravated child abuse is defined as occurring when an alleged offender:

• Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child
• Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child
• Commits aggravated battery on a child

Florida Statute § 827.03(1)(e) defines neglect of a child as:

• A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person
• A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including, but not limited to, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent person would consider essential for the well-being of the child

The statute notes that neglect of a child can be based on repeated conduct or on a single incident or omission that results in—or could reasonably be expected to result in—serious physical or mental injury, or a substantial risk of death, to a child.