Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law
This answer was rated:

I am a Mom with a 14 yr old daughter. She has been talking ...

I am a Mom with...
I am a Mom with a 14 yr old daughter. She has been talking back, disrespecting her stefather, grandmother, teachers at school and fighting on occasion with her peers. We''ve discussed every incident and she swears to do better "next time". Well the "next time" always tops the previous one. This has been going on for over a year now. She back talked me and I spanked her 2 weeks ago. Her bed is low enough for her to kneel on the floor with her torso lying on the bed. At the same time I swung the belt she decided that she would put her arm on the rear end and it was hit several times and left marks. The police was called and I was taken to jail and charged with assault & battery. What is the probability of me going to court without a lawyer and having this dropped?
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 23 minutes by:
4/3/2008
Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4,136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Verified

DearCustomer/p>

This is a most-unfortunate situation for you and your family. Kids can be so trying. In SC, the law requires there to be "reckless" or grossly negilgent behavior on part of a parent using corporal punishment. Spanking is not against the law in SC as long as it is not deem excessive and cause "harm". Now, that is something a judge would need to decide - whether what you did - use of a belt" was excessive - because there are exceptions as I have provided below.

While there was no intent to inflict the injury to her arm the fact that used a belt could go against you. Given that, I suggest you do not go to court alone. I suggest you at least consult with a local attorney who can assist you with this. You can contact a referral via the SC Bar Association - HERE

You certainly don't want a situation where you are convicted of an assault and battery.

This is what the law says in that regard


(1) "Child" means a person under the age of eighteen.

(2) "Child abuse or neglect", or "harm" occurs when the parent, guardian, or other person responsible for the child's welfare:

(a) inflicts or allows to be inflicted upon the child physical or mental injury or engages in acts or omissions which present a substantial risk of physical or mental injury to the child, including injuries sustained as a result of excessive corporal punishment, but excluding corporal punishment or physical discipline which:

(i) is administered by a parent or person in loco parentis;

(ii) is perpetrated for the sole purpose of restraining or correcting the child;

(iii) is reasonable in manner and moderate in degree;

(iv) has not brought about permanent or lasting damage to the child; and

(v) is not reckless or grossly negligent behavior by the parents.

(b) commits or allows to be committed against the child a sexual offense as defined by the laws of this State or engages in acts or omissions that present a substantial risk that a sexual offense as defined in the laws of this State would be committed against the child

Best to all of you in this matter.

 

If my answer has been helpful, please ACCEPT my answer so I get credit for my effort to help you . If I can be of further help, let me know. Appropriate FEEDBACK is appreciated as is a bonus. Thanks ~ Michelle

 

 

Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4,136
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs
Verified
Michelle and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Ask Michelle Your Own Question
Michelle
Michelle
Michelle, Elected/Appointed Official
Category: Criminal Law
Satisfied Customers: 4,136
4,136 Satisfied Customers
Experience: 30 + yrs in the legal profession incl. criminal, family, politics, legislator judiciary 6 yrs

Michelle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
Would it matter for law suit and court purposes if the eeoc
Would it matter for law suit and court purposes if the eeoc did not gather sworn testimonies… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
79 satisfied customers
In requesting the appellate court for reconsideration I
In requesting the appellate court for reconsideration I guess that I have to provide the court with three motions— 1) to request a recall of the mandate or perhaps an appeal of the mandate2). Motion f… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
The 2255 motion has been denied by the District court. The
The 2255 motion has been denied by the District court. The certificate of appeallability was also denied. Due to circumstances beyond my control - I submitted a bare bones Motion to the appeal late co… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
I missed court yesterday...this is the second time ive
I missed court yesterday...this is the second time ive missedcourt i went to jail 3 months ago for missingcourt … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
If a person was not court ordered to do community service
If a person was not court ordered to do community service and they forge the hours is it a felony … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
71 satisfied customers
I remember getting a document at the court house following a
Hi again I remember getting a document at the court house following a search once called an affidavit In Support of Search. I'm wondering if I can go into the county and ask for it today without havin… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I reported Child Abuse and have been retaliated against
I reported Child Sexual Abuse and have been retaliated against including having a Superior Court Judge threatening me with Felony Harassment if I gave my report to any other Law Enforcement. Is that O… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I received a summons to appear in court for a class 4
I received a summons to appear in court for a class 4 misdemeanor charge. I have no prior record of child abuse. I am taking classes per CPS recommendation … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Is it not uncommon for criminal court judges or their
Is it not uncommon for criminal court judges or their court's administration (e.g. bailiffs) to manipulate the only clock on the wall in the courtroom (e.g. set it purposely ahead of or behind the act… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
Child abuse, Is there a statute of limitations for filing
Child abuse, Is there a statute of limitations for filing charges against a person who severely bused you and your siblings?… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
I am on lifetime probation for class 4. child abuse in
I am on lifetime probation for class 4. child abuse in Maricopa County and want to get off. To summarize I am an 3x Iraq vet 100% disabled for PTSD. My stepson pulled a knife on me, I blacked out and … read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I was falsely accused of child abuse in 2013... Arlington,
Hi Pearl...My name is ***** ***** I was falsely accused of child sexual abuse in 2013... … read more
Michael Gonzalez
Michael Gonzalez
JD
523 satisfied customers
Is it considered child abuse if you are out jogging with
Is it considered child abuse if you are out jogging with your infant child in 103 degree before the heat index (110 plus) on a city 'trail'?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,731 satisfied customers
Will child abuse cases show up on a criminal record in
Will child abuse cases show up on a criminal record in Japan? I know they don't have a child abuse registry so was wondering if a criminal record search was conducted, if that type of record will show… read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
Me and my soon to be wife is being charged with child abuse
Me and my soon to be wife is being charged with child abuse from spanking our son to hard and left a mark what should we do cause this is our first time dealing with this issue and is scared of losing… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers
I was accused of child abuse 3 times in reference to care.
I was accused of child abuse 3 times in reference to foster care. DCF responded that all 3 were unsubstantiated. I have the forms with such on them. Then after that date, DCF told KVC that we committe… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,688 satisfied customers
NY state. Person is alleging child abuse of their children
NY state. Person is alleging child abuse of their children 43 years ago. can they file criminal charges now?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
181 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x