Child AbuseCalifornia Penal Code Section P.C. 273a(a) and 273a(b)
What is Child Abuse in California?
There are a number of different statutes that define Child Abuse in California. California Penal Code (CPC) 273a(a) and 273a(b) are two of the most commonly charged. They can be charged as felonies, and because children are involved, courts, prosecutors, and juries take these crimes very seriously. Because the victims are children, their statements can be unreliable. Sometimes, they are coached by feuding spouses. Sometimes they just don’t understand what they’re saying. Because of how serious the penalties for a conviction are and how complicated proving and defending against this crime is, anyone charged with Child Abuse in California should seek attorneys like the Law Firm of Gomez, Radford, & Rome who have extensive experience handling these cases right away.
Elements of Child Abuse under Penal Code 273a
To prove Child Abuse under Penal Code 273a, there are a number of elements the prosecution needs to prove. There are several variations and subsections of this law. For example, Penal Code Section 273a(a) can be charged as a felony or a misdemeanor because it is what’s known in California as a ‘wobbler’ crime. That subsection requires that the circumstances are such that the Defendant acted under circumstances likely to cause (or that did cause) great bodily injury (A.K.A. GBI) to a child. To be charged under Penal Code 273a(a), the Defendant must have acted willfully to inflict or permit unjustifiable physical pain or mental suffering on the child. To be charged as a less serious misdemeanor under 273a(b), the circumstances must have been such that it was not likely to cause Great Bodily Injury to the child.
There are a number of different situations illustrated by the jury instructions that describe the crime. For example:
Willful Infliction of Pain or Mental Suffering:
Willfully inflicting unjustifiable physical pain or mental suffering on a child or willfully causing or permitting a child to suffer unjustifiable physical pain or mental suffering.
Injury or Endangerment of the Child:
Willfully causing or permitting the child’s person or health to be injured while having care or custody of the child. Willfully causing or permitting the child to be placed in a situation where their person or health is endangered while having care or custody of the child.
(Remember: The actions described in the above two paragraphs must have occurred under circumstances or conditions that are likely to produce great bodily injury (GBI) or death to charge someone under CPC 273a(a)!)
Criminal Negligence (optional element):
The defendant acted with criminal negligence when causing or permitting the child’s suffering, injury, or endangerment, involving reckless behavior, disregard for human life, and knowledge that such actions would result in harm to others.
It is also important to remember that the actual occurrence of great bodily injury is not necessary to establish child abuse, but evidence of harm (photos of marks/cuts/bruises, videos, medical records, or statements, etc.) can be considered in conjunction with other information about the exact circumstances. The prosecution and the courts will take all of the circumstances into consideration when they’re determining the charge and considering and plea deals.
Remember that the prosecution must present evidence to establish each element beyond a reasonable doubt. They bear the burden of proving it all, and a good defense attorney will force them to do so without just taking the first deal that comes along.
Penalties and Consequences
California Penal Code Section P.C. 273a is a ‘wobbler’ offense, meaning it can be charged as either a felony or a misdemeanor. It is a serious charge and penalties for a felony charge can be up to 2, 4, or 6 years in prison. A prison sentence would make one ineligible for expungement after the probationary period ends and would stay on a Defendant’s record for the rest of their life. on a third strike could result in 25-life at sentencing. As a misdemeanor, a conviction could result in up to one year in custody in county jail. It is a crime of moral turpitude and may have aggravated felony immigration consequences. A felony conviction would preclude someone from firearms ownership and holding public office.
Defenses and Strategies
There are a number of possible defenses to this crime given the extremely complicated nature of the law surrounding it. It’s important that an attorney review any possible defenses you may have because each case is highly specific to the facts and circumstances of your case. Here are some common defenses that may be raised:
Reasonable Discipline: If the defendant’s actions were reasonable and necessary for disciplining the child, it may be considered a valid defense. Corporal punishment is not per se illegal in California. However, it’s important to remember that the discipline must not have exceeded what is considered reasonable under the circumstances. This is the most common defense in a case involving spanking, for example. The prosecution would likely use evidence of bruising or cuts or sustained injury to attack the reasonableness of the discipline. In some cases, the defense may argue that the defendant was exercising their rights as a parent and acting in the best interests of the child. This defense emphasizes the importance of parental autonomy and decision-making within legal boundaries.
Lack of Willfulness: If the defendant did not willfully or intentionally cause the alleged harm or allow the child to be endangered, it may be a viable defense. The absence of intent or knowledge of the harmful consequences can be argued. If your child was playing in a crawlspace and was shocked on a wire that you were not aware of, that could be a defense, for example.
False Accusations: Child abuse cases can sometimes involve false or exaggerated accusations. The defense can challenge the credibility of the accuser and present evidence to demonstrate that the allegations are unfounded or made with malicious intent. Children are notoriously difficult witnesses and evidence based solely on a child’s statement with no additional evidence is often taken with a grain of salt. However, witness testimony, even that of a child, can be enough to convict someone without any additional evidence.
Accidental Injury: If the harm suffered by the child was the result of an accident or unintentional act, the defendant may argue that there was no criminal intent or negligence involved. However, the courts will consider whether their caregiver created circumstances or put them into a situation where they could have been hurt or permitted them to be hurt.
It is essential to consult with a qualified defense attorney, or a law firm like Gomez, Radford, & Rome, LLP, who can assess the specific details of the case and determine the most effective defense strategy based on the evidence and applicable laws.
Related Crimes:
– Penal Code Section 273ab, Assault on a Child
– Penal Code Section 273d, Inflicting Traumatic Injury on a Child
– Penal Code Section 271, Child Abandonment
– Penal Code Section 270, Failure to Provide
– Penal Code Section, Sexual Assault on a Child
Hire Gomez, Radford, & Rome if you’re accused of violating California P.C. 273a(a) or CPC 273a(b) for Child Abuse
Being charged with Child Abuse is extremely difficult. The consequences of a conviction can be extremely serious and the social consequences of just the mere accusation can ruin lives. Due to the severity of the consequences of a conviction and the complexity of the legal process, individuals facing charges for Child Abuse in California should immediately seek representation from experienced attorneys such as the Law Firm of Gomez, Radford, & Rome. Our attorneys are all former prosecutors with a wealth of experience in handling these and other serious felony charges. Call today to speak to an attorney and get a free consultation.