Florida Child Abuse Charges
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Orlando Florida Criminal Defense Lawyer - Child Abuse:
These offenses are considered more severe than many other crimes because
they involve children, and in many cases, even a first time offender will be
sentenced to jail if found guilty of the offense.  If you have been accused of this
crime, you should speak with an experienced criminal defense attorney at your
earliest convenience  to learn about your rights and the defenses that may be
available to you.  

In many criminal cases, a properly prepared defense will result in either
reduced penalties, reduced charges, or a dismissal of the charges.  Even
in criminal cases where the evidence of guilt is overwhelming, a properly
prepared defense and presentation of mitigating circumstances can result
in significant decreases in penalties you receive.  

If you or a loved one has been arrested, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an
experienced Orange County criminal defense lawyer about your situation or to schedule a Free Initial Consultation   

The following Florida Statutes provides some information regarding child abuse offenses:

Florida Statute 827.03 - Abuse, aggravated abuse, and neglect of a child; penalties.
(1) “Child abuse” means:

(a) Intentional infliction of physical or mental injury upon a child;

(b) An intentional act that could reasonably be expected to result in physical or mental injury to a child; or

(c) 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.

A person who knowingly or willfully abuses a child without causing great bodily harm, permanent disability, or
permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.

(2) “Aggravated child abuse” occurs when a person:

(a) Commits aggravated battery on a child;

(b) Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or

(c) Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or
permanent disfigurement to the child.

A person who commits aggravated child abuse commits a felony of the first degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(3)(a) “Neglect of a child” means:

1. 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; or

2. A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another
person.

Neglect of a child may 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.

(b) A person who willfully or by culpable negligence neglects a child and in so doing causes great bodily harm,
permanent disability, or permanent disfigurement to the child commits a felony of the second degree, punishable as
provided in s. 775.082, s. 775.083, or s. 775.084.

(c) A person who willfully or by culpable negligence neglects a child without causing great bodily harm, permanent
disability, or permanent disfigurement to the child commits a felony of the third degree, punishable as provided in s.
775.082, s. 775.083, or s. 775.084.

(4) For purposes of this section, “maliciously” means wrongfully, intentionally, and without legal justification or
excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable
parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary
purpose of the acts was to cause the victim unjustifiable pain or injury.

Florida Statute 827.035 - Newborn infants.
It shall not constitute neglect of a child pursuant to s. 827.03 or contributing to the dependency of a child pursuant to
s. 827.04, if a parent leaves a newborn infant at a hospital, emergency medical services station, or fire station or
brings a newborn infant to an emergency room and expresses an intent to leave the infant and not return, in
compliance with s. 383.50.

Florida Statute 827.04 - Contributing to the delinquency or dependency of a child; penalty.
(1) Any person who:

(a) Commits any act which causes, tends to cause, encourages, or contributes to a child becoming a delinquent or
dependent child or a child in need of services; or

(b) Induces or endeavors to induce, by act, threat, command, or persuasion, a child to commit or perform any act,
follow any course of conduct, or live in a manner that causes or tends to cause such child to become or to remain a
dependent or delinquent child or a child in need of services,
commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(2) It is not necessary for any court exercising juvenile jurisdiction to make an adjudication that any child is
delinquent or dependent or a child in need of services in order to prosecute a violation of this section. An adjudication
that a child is delinquent or dependent or a child in need of services shall not preclude a subsequent prosecution of
a violation of this section.

(3) A person 21 years of age or older who impregnates a child under 16 years of age commits an act of child abuse
which constitutes a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. A
person who impregnates a child in violation of this subsection commits an offense under this subsection regardless
of whether the person is found to have committed, or has been charged with or prosecuted for, any other offense
committed during the course of the same criminal transaction or episode, including, but not limited to, an offense
proscribed under s. 800.04, relating to lewd, lascivious, or indecent assault or act upon any person under 16 years of
age. Neither the victim’s lack of chastity nor the victim’s consent is a defense to the crime proscribed under this
subsection.

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For more information, Call the Wilson Law Firm Today at (407) 648-5255 to speak with an experienced Orlando
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represents individuals in criminal defense and DUI cases in the Central Florida area, including the cities of
Altamonte Springs, Apopka, Casselberry, Clermont, Kissimmee, Lake Mary, Longwood, Maitland, Mount Dora,
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Florida Crimes & Laws