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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36985
Experience:  30 years as a family law lawyer .
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I was arrested last Thursday and charged with felony child

Customer Question

I was arrested last Thursday and charged with felony child abuse. I did not cause any harm to my son no marks or bruises or evidence was recorded or pictures taken. What are the chances of my case being dropped or reduced. I believe the action taken was completely uncalled for. The senario was as followed: I had been drinking and was intoxicated of the time of event. My 11 year old son had his electronics privileges taken away because of bad grades. I found he had his phone and other devices I asked him to give them back. He refused I grabbed his arm to stop him as he was running away refusing to give the phone back. He dropped himself into the floor. He claimed I pushed him down and that he didn't have his phone. and my mother called the police. After my release from jail my son then goes over to the couch where he hid the phone from me the whole time.
Submitted: 2 months ago.
Category: Family Law
Expert:  RayAnswers replied 2 months ago.

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

Expert:  RayAnswers replied 2 months ago.

You may well get this dismissed if your mother and the son change their story here and tell the truth.Since mother called the police it is critical here whether she will cooperate or change her story and argue there was no harm. A good lawyer here may be able to plea this down to say an alcohol crime rather than the felony child abuse charge.

Expert:  RayAnswers replied 2 months ago.

You may well get this dismissed if your mother and the son change their story here and tell the truth.Since mother called the police it is critical here whether she will cooperate or change her story and argue there was no harm. A good lawyer here may be able to plea this down to say an alcohol crime rather than the felony child abuse charge.

alifornia makes it a crime to intentionally injure a child, or to put a child in a situation where it is likely that great bodily harm or death will result. Penal Code Section 273a(a)

You can be charged with Felony child abuse if you do any of the following.

  1. You willfully inflicted unjustifiable physical pain or mental suffering on a child; or,
  2. You caused or permitted a child to suffer unjustifiable physical pain or mental suffering; or,
  3. You, while having care of custody of a child willfully caused or permitted the child's person or health to be injured; or,
  4. You, while having care of custody of a child willfully caused or permitted the child to be placed in a situation where the child's person or health was endangered.

You must have actually caused pain and injury on the child, or exposed the child to circumstances or conditions likely to produce great bodily injury or death.

Willfully means willingly or on purpose. Great bodily injury means substantial physical injury. It must be great than simply moderate or minor harm. A child is any person under 18 years of age. Unjustifiable means pain or suffering that is not reasonably necessary or is excessive under the circumstances.

Expert:  RayAnswers replied 2 months ago.

Your defenses that you may have to this charge include your right to discipline your child. Further, if you did not commit the act willfully, or the act did not arise to the level of criminal negligence, than you should not be guilty of the crime. Children also may make false allegations against their parent or guardian. If you did not do the act, than you are being falsely accused.

Again your lawyer may plead this down to an alcohol crime rather than something more serious.

Expert:  RayAnswers replied 2 months ago.

Disorderly conduct is a misdemeanor, punishable by up to six months in jail and a $1,000 fine.

(Cal. Penal Code §§ 19, 647)

This is something your lawyer might get this lowered to in a plea deal.

I wish you the best.I appreciate the chance to help you tonight.Thanks again.

Expert:  RayAnswers replied 2 months ago.

Disorderly conduct would involve probation here up to six months.

If you can positive rate it is much appreciated.