Possible Defensive Propositions by a Child Abuse Defense Attorney

Possible Defensive Propositions by a Child Abuse Defense Attorney

It is really a hard task to defend against charges of child abuse, especially if the case involves strong evidence or the testimony of a child. Furthermore, the typical negative mood created by the media will go against you, as far as weighing public opinion is concerned. The allegation would have a severe impact on the life and career of the accused if it is proved positive. In such utterly trying times you have no aid waiting for you except the legal defense of an attorney experienced in child abuse cases with a great track record of acquitting offenders from such cases. In the state of Colorado child abuse charges face strict legal provisions in respect of sentence and fine. Contacting an expert child abuse defense attorney in Denver can prove to be crucial for the life of the accused. Let us discuss here some of the credible defense propositions in most child abuse cases.

False allegations

False allegations are most common in a variety of circumstances. In case of dysfunctional families or in legal battles concerning the custody of a child these allegations are common. Counter attacking such allegations with proofs of innocence is enough to prove the accused innocence in most of such cases.

The injury resulted from anything than child abuse

According to most state laws, accidents are not punishable and proving that the injury is caused by an accident or similar situation the accused can be saved. Another line of defense that takes a similar route is showing that the injury is caused by a fight among children, deteriorating acts contributing to existing injury or medical condition, etc. Proving any of these with valid evidences will make a great defense in favor of the accused.

Right of parents to take disciplinary measures

As per law, parents are given full freedom to take disciplinary actions of their children except causing physical injury or any excesses that cause permanent disability or suffering. So in case of minor injuries, the defense can prove it as the outcome of such disciplinary measure by the parents. The same line of defense applies to teachers who on his authority can take certain measures legitimately to discipline the child.

Munchausen proxy syndrome

With a great array of child abuse cases, this is a common defense proposition advocated by lawyers. The syndrome refers to a situation where the mother of the child hurts and causes injury to the child to draw sympathy for herself. Generally, such syndrome is observed in cases where poverty or extra marital relation plays a role in the situation of the accused offender. For this defensive proposition, the lawyer must provide evidence with psychological and medical data concerning the presence of such syndrome in accused.

Religious exemption

In certain religious communities certain customs require inflicting minor injuries on children. Circumcision, religious marks on body, certain physical rituals that may cause pain or injury come under this category. Though exemption on grounds of religious customs and beliefs happens in only a handful of states, it is always regarded as a contentious issue.

An experienced child abuse defense attorney after judging the merits of different defense propositions and possibilities concerning your situation and severity of the allegations can appropriately prescribe a line of defense that either can save you from the punishment or can reduce the sentence and fine to a great extent.

Comments are closed.

Pin It on Pinterest

Share This

Share this post with your friends!