An Accident or Child Abuse?

Experienced Sex Crime Defense Attorneys Peter D Aiken : Sarasota 366-3506 Sean O'Halloran : Ft Myers 239-334-8890 Andrew Banyai : Punta Gorda 941-639-6009
Experienced Sex Crime Defense Attorneys
Peter D Aiken : Sarasota 366-3506
Sean O’Halloran : Ft Myers 239-334-8890
Andrew Banyai : Punta Gorda 941-639-6009

We live in suspicious times. If you have an infant or a child under two or three years of age, and the child falls and becomes injured, people at the hospital are many times unjustly suspicious.

The simple fact is that active kids have accidents.

They get bruises, cuts and scrapes.

That is a natural part of growing up.

Teachers are many times overly suspicious and they call DCF if they see bruises, particularly on the face. Many times emergency room personal will make a police report for an injury that is purely an accident. If a child comes in unconscious or has a significant head injury, they assume the worst. We have been defending child abuse and aggravated child abuse cases for years. If a death is involved, depending on the circumstances, a person can find themselves charged with aggravated manslaughter. If a child is left unattended in a hot car, and a death occurs, the person can find themselves arrested facing a long sentence in State prison.

This is also true if a mother or father leaves a gun unsecured and a death occurs. Imagine how the parent feels. First they lose a child, then, they are arrested for culpable negligence resulting in a death. You can never roll the clock back. You cannot bring back a life. Punishing a parent further accomplishes nothing. Most child death situations were never even remotely intended. Sadly, many are the result of the parent’s drug use.

A child may come into contact with heroin or cocaine left unattended or on a bedside, and overdose. The child may be injured when the parent is in a semi-conscience state as a result of drug use. Children can be injured in car crashes where the parent is stoned, high or impaired from taking Oxycotin, Percocets, Oxycodone or some other painkiller. The classic child abuse case occurs then the mom’s boyfriend is left in charge. They may have reacted to a crying child by hitting them repeatedly. The child may have shaken baby syndrome. Shaking a baby has terrible consequences and can cause brain injury. We run into situations where young parents in their late teens or early twenties simply are unprepared and totally lack parenting skills. Prison is not the answer.

In defending child abuse and aggravated child abuse cases, we truly understand the knee jerk reaction of the public wanting someone to pay for a child’s death. The reality is that nothing will bring that life back and the loss of a child is already a life changing event. Going to jail for an accident only makes things worse and changes nothing. If you have a daughter or son charged with child abuse and want to help, feel free to call for a free consultation. We understand how the police conduct their investigations and understand the sometimes unreasonable conclusions reached by DCF.

As a grandfather, and having raised four kids to adulthood, I appreciate the importance of life. Destroying another life with a State prison sentence, for what was an accident, is not the answer.
In Ft Myers call 239 334 8890 and in Sarasota call 941 366 3506 to talk

 

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