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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.
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.
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.
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.
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.
Disorderly conduct would involve probation here up to six months.
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