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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 111576
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Gave son a butt whooping with the belt (pants on, 5 times across

Customer Question

Gave son a butt whooping with the belt (pants on, 5 times across the butt, not buckle). Not enough to bruise him, I thought. But if there was a bruise, someone said i could go to jail. What are the min and max for something like that? Son is 8 years old, and has watched his sister lose her IPod, tv, dvd player, scout camp, etc because we thought she stole 400 dollars, and then caught him last week jimmying the lock on the locked cabinet in the dining room stealing.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 5 years ago.
It is child abuse, which is a misdemeanor under WV Code 61-8D-3, punishable by up to a year in jail if there is no serious injury, but if there is serious injury it is a felony punishable by 2 to 10 years in prison. Corporal punishment, spanking, is allowed in WV, but if there is ANY physical injury, it is child abuse and will be prosecuted.


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Customer: replied 5 years ago.
And is a bruise considered serious physical injury? And what are the chances for probation on a first time offense?
Expert:  Law Educator, Esq. replied 5 years ago.
No a bruise would be minor injury making it a misdemeanor punishable by up to a year in jail. On a first offense, chances are you would be given no jail, but probation and made to pay for and attend parenting classes.
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Customer: replied 5 years ago.
Ok. Thanks.
Expert:  Law Educator, Esq. replied 5 years ago.
Thank you.