How to fight child neglect charges

How To Fight A Child Abuse Charge In NC

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There are over 300,000 reports of child abuse each year in the United States alone. Many are factual and warranted, but some are baseless and untrue. The one thing all child abuse accusations have in common, however, is their potential to ruin the alleged assailant’s life.

At Manning Law Firm in Raleigh NC, our expert child abuse defense attorneys are here to fight for your life. If you have been charged with child neglect, endangerment or abuse, read this blog to better understand the law, proactively fight for your freedom and prepare for what comes next.

Before getting into the do’s and don’ts of defending your charge, it’s important to understand the applicable laws which govern these crimes:

According to North Carolina General Statute 14-318.2., Misdemeanor Child Abuse exists when any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means.

In North Carolina, misdemeanor child abuse is classified as an A1 misdemeanor – one of the most serious misdemeanor violations. Depending on prior criminal history and other details of the crime, a judge can impose an Active, Intermediate or Community status to your sentence. An Active punishment means jail time, while Intermediate and Community punishments yield much less severe consequences.

North Carolina General Statute 14-318.4. characterizes felony child abuse as any parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child. The statute classifies felony child abuse as a Class D felony. Other felony child abuse classifications include:

• Class B2 Child Abuse – Serious bodily injury to a minor.
• Class D Child Abuse – Serious injury, prostitution or other sexual acts against a minor.
• Class E Child Abuse – Willful or grossly negligent omission which shows a reckless disregard for human life resulting in serious bodily injury to a minor.
• Class G Child Abuse – Willful or grossly negligent acts or omissions showing a reckless disregard for human life and results in serious physical injury to the child.

It’s natural to panic when you’ve been accused of child neglect, endangerment or abuse. And though there are serious consequences to a conviction, you can successfully fight the charges if you stay smart, patient and determined. If you’ve been charged with child abuse in Wake or the surrounding counties, here are some essential do’s and don’ts of defending yourself:

Do: Take the charges seriously. The first thing you must do when charged with child abuse is understand the severity of the crime. The State views child abuse as one of the more repulsive infractions against another human, and it will dedicate the necessary time, money and other resources to prevent and deter it.

Don’t: Believe innocence will save you. Innocence is obviously critical to defending yourself. However, many innocent defendants believe their innocence allows them to be more relaxed, colloquial and off-guard throughout the investigation. This is not the case! You still need a lawyer, you still should not talk to the police without one present, and you should still do everything in your power to defend yourself and your innocence. This is your life. Do not take it lightly.

Do: Find a lawyer for child abuse. If you are charged with child abuse in Raleigh or the surrounding areas, your first order of business should be to find the best lawyer you can possibly hire. You need a lawyer with experience defending child abuse charges, someone who is detailed, relentless and sharp.

Don’t: Give a statement to the police without a lawyer present. Even if you are confident in your innocence, do not speak to the police or give a statement without your lawyer present! Any statements you make can be used against you throughout the investigation and potentially in court at trial.

Once you get a feel for the first couple steps in defending yourself against a child abuse charge, it’s then time to prepare yourself for what comes next: the police investigation.

There are a variety of ways police investigate these crimes because every allegation is different. But as a starting point, investigators will follow two main rules of thumb when working a child abuse case:

1. Evaluate the child. When abuse is alleged, the judge will typically order the child be examined by medical and mental health experts, which can be especially burdensome for the children. It can also be a time-consuming and expensive process.
2. Evaluate the family/parent. Per judge discretion, family protective services may be ordered to evaluate the holistic family environment and your individual parenting skills. They will question people close to you about your behavior and your parenting, which can be intrusive and straining for families and friends.

Much of what law enforcement and other state officials find in their investigation will influence the Court at trial. As it weighs the evidence, the Court will generally apply the following values to help direct its verdict:

1. Child safety above all else. Child abuse laws are in place, first and foremost, to protect children from harm. The Court will exercise every resource to ensure the child is safe. This is its number one priority.
2. Protect parental rights. The Court hears the arguments from both sides and is careful to pass down any harsh decisions. This is because the Court aims to protect not just the child, but the rights of the parent as well. A child should be with its parents and parents with child, and the Court will consider this value heavily when passing its verdict.
3. Bring child abusers to justice. The Court acts as the mouthpiece of the NC judicial branch. In addition to ensuring child safety and protecting the rights of parents, the Court’s most critical role perhaps is bringing criminals to justice. If found guilty, defendants will endure whatever sentence the Court deems necessary to satisfy that judicial duty. We’ll talk more about sentencing below.

Like most child abuse cases, you could go to trial if you do not accept a plea bargain. Going to trial can be a daunting task for defendants and their families, but in order to win, you must work with your defense team. Here are some important ways you can help your case:

1. Record everything. Discard nothing. Keeping meticulous documentation and record of everything having to do with your case is critical for your defense team. This will help prove or disprove points of contention in your favor as the case progresses.
2. Find witnesses to testify on your behalf. Expert witnesses are some of the most important assets you can have on your side. An expert witness is a professional, usually in a medical field, whose testimony carries immense value with the Court. Equally important are character witnesses, such as other family members, friends, etc. who can testify to your character as a person and a parent.

Even after understanding the law, how it is applied and doing everything you can to help your defense attorney, it is possible you could still be found guilty. In the event you are convicted, there are a variety of factors which determine what happens next. Below are some potential consequences of each conviction tier.

• Allowed only supervised access to your child
• Lose complete custody of and/or visitation rights with your child
• Probation
• Lifetime placement on the NC Sex Offender Registry (Read: How To Get Off the Sex Offender Registry in NC)
• Prison term up to 5 years

• Prison term of 1 or more years, up to lifetime imprisonment
• Lose complete custody of and/or visitation rights with your child
• Probation
• Lifetime placement on the NC Sex Offender Registry

Are you ready to fight your child abuse charge?

If you have been accused of child abuse in North Carolina, you face life-changing circumstances that could not only impair your future, but that of your family as well. You need a powerful, experienced, intelligent child abuse defense attorney at your back to successfully fight your charges and move on with your life. Contact the child abuse defense experts at Manning Law Firm immediately.

This article is intended for general information only. The information presented in this article should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

Defending Child Abuse Charges - Fight Child Protective Services

An accusation of child abuse is a very serious charge. These charges are often started with by a school teacher, a school nurse, even a neighbor who phones in an anonymous tip to Child Protective Services. A significant percentage of child abuse allegations are later determined to be false. False or not, if the case goes to trial, particularly in the case of a child sexual abuse accusation, the entire “system” (including the jury) will often favor the child – no matter what the facts might be. This can result in many years in state prison, as well as registration as a child sex offender for life.

Child abuse is an extremely serious charge and can fall under several different categories including:

• Physical abuse of a child
• Sexual abuse of a child
• Emotional abuse of a child
• Emotional abuse of a child
• Negligent criminal supervision of a child

If you are under investigation or being accused of abusing or molesting a child, your life can be changed forever. The only thing you can do to offer yourself the best chance of avoiding the many harsh and permanent consequences of a child abuse conviction — including the possibility of termination of parental rights — is to work with an experienced child abuse defense attorney who can aggressively assert your rights in court. You should immediately consult with an experienced Southern California criminal defense lawyer to discuss your situation.

Unfortunately, in order to defend yourself against allegations of child abuse or molestation, you must first understand harsh reality of our criminal justice system when it comes to children. In all charges with the word “child/ren,” unlike what you learned in elementary school, you are presumed GUILTY until you prove otherwise. Talking to law enforcement or to family members is not recommended and will only make your situation worse.

One of the reasons that child abuse charges are so difficult to defend against is because there are often no witnesses and very little tangible evidence. These are often “he-said – she said” cases where the whole case can depend on the credibility of the defendant versus that of the victim. There are many reasons why a child might fabricate a false allegation and fail to tell the truth about being abused, such as:

• Not understanding the seriousness of their statements
• Being influenced by adults such CPS/DCFS social workers, teachers, relatives or friends who believe that a child abuse claim should be made
• Wanting to help or please the other parent
• Teenagers can gain a sense of independence-from, and/or power-over the accused adult

Child Protective Services social workers “cross-report” any allegations that they even remotely suspect as being true to the local police, sheriff as well as the local District Attorney. If you are being called or visited by CPS or DCFS agents, you should prepare yourself for a possible visit from the police attempting to collect evidence to substantiate those charges. The following quote is from the U.S. Department of Health & Human Services website:

Role of Law Enforcement in Combating Child Maltreatment

Law enforcement officers tend to view child abuse and neglect not as a social problem, but rather in the context of criminal law, and in “most States, all or most all forms of reportable child abuse or child neglect are crimes.”1 Consequently, officers generally focus their energy on preservation and collection of evidence for criminal prosecution.

The penalties for a child abuse conviction may include the following:

• Child Neglect: fines up to $2000 and/or up to 1-year in county jail
• Child Abuse: fine of up to $6000 and/or a state prison sentence of up to 6-years
• Child Molestation: 3 to 8-years in state prison, per act of molestation
• Continual Child Sexual Abuse (3+ acts): 6 to 16-years in state prison

When you talk to me, Vincent W. Davis, you can be sure of one thing, that I am listening. Child Protective Services (CPS or DCFS) and your accusers have their story, and it is our job to make sure that your story is heard and we keep your family together. If your kids or grand-kids have already been taken, we will find the best and fastest way to reunite your family.

Call me personally - 888-888-6582 - I am waiting to hear your story now, to defend you and keep your family together or reunite you and your precious loved ones.

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Prevention of neglect

PREVENTION OF NEGLECT AND MINOR OFFENSES - a system of social, legal, pedagogical and other measures aimed at identifying and eliminating the causes and conditions that contribute to neglect, homelessness, delinquency and antisocial actions of minors, carried out in conjunction with individual preventive work with minors and families in socially vulnerable situations. Preventive work with pupils is a complex, multifaceted, and time-consuming process. The specific task of a preschool institution in the field of prevention of neglect and delinquency is to conduct early prevention, the basis of which is the creation of conditions that ensure the normal development of children, the timely identification of typical crisis situations that arise in children of preschool age.

In the system of preventive activities of a preschool institution, two areas are distinguished: general prevention measures that ensure the involvement of all pupils in active activities and special prevention measures that consist in identifying pupils and families in need of special pedagogical attention and working with them at the individual level.

REGULATIONS ON THE COUNCIL FOR THE PREVENTION OF LACK OF SUPERVISION MDOU "KINDERGARTEN № 109"

Regulations on registering a family with an intra-garden registration

ACTION PLAN FOR THE PREVENTION OF MINOR SUPERVISION FOR 2021-2022

Warning children about danger is the responsibility of parents!

Remember that CHILDREN can become victims of crime!

It is possible to avoid violence!

To do this, you need to correctly assess the situation and make the right decision.

By following the safety rules, your child will be able to make the necessary decision in a difficult situation and avoid meeting a criminal.

To do this, you need to learn forever “The Rules of the Six Don'ts”:

DO NOT open the door to strangers;

DON'T go anywhere with strangers, no matter how much they try to persuade you and no matter what interesting things they offer;

DO NOT talk to strangers and unfamiliar people, do not take gifts from them;

DON'T get in a car with strangers;

Do NOT play outside after dark;

DO NOT enter the elevator with strangers.

FAMILY SAFETY RULES:

Together with the children, come up with a family password that everyone can use as a signal in case of a dangerous situation.

Work out with your child the most permanent and safest route home if you return unaccompanied by an adult.

Teach your child to take care of the keys to the house and tell him what to do if he lost them.

· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · ·

Teach your child how and when to call the police, fire department and ambulance.

Child abuse

Memo for parents on protecting the rights and dignity of the child in the family

Types of child abuse:

cause damage to the health of the child, disrupt his development and take his life. This is beating, torture, slapping.