Is spanking your child for bad behavior considered child abuse in Dade county?

Posted on August 29, 2012 in: Criminal Defense

Yes, you could potentially be charged with child abuse in Florida if you spank your child for bad behavior. This will depend on any resulting injuries, along with other factors. If you have been accused of this crime in Dade County, you should immediately contact a Dade county criminal defense lawyer. 

Spanking in itself is not a crime since in Florida parents are legally allowed to enforce corporal punishment. However, choosing to use spanking as a form of discipline can result in an investigation of child abuse.

Once an investigation has been launched, one of the considerations for accusing a parent of child abuse is whether marks were left on the child. A bruise may not necessarily constitute abuse but certain types of injuries almost always will.

Injuries that may constitute child abuse are: 

  • broken bones;
  • skull fractures; and
  • other severe types of injuries.

Yet even with bruises, there is the potential for a parent to be charged with child abuse when other factors are taken into consideration.

Some of the other things that will also be considered when determining a case of child abuse include: 

  • age of child;
  • prior injuries;
  • past history of abuse;
  • parents criminal history;
  • location of the injury;
  • number of times child was spanked;
  • manner in which spanking occurred (hand, belt, switch or other object);
  • the number of injuries; and
  • type of injury (welt, bruise, laceration, etc.).

Contacting a Dade County Criminal Defense Attorney

If you have been accused of child abuse, you should immediately contact an experienced Dade county criminal defense attorney at Falk & Ross Law Firm. We can help you better understand your rights and how they can be protected. Contact us today for a free consultation – 877-663-5110 or 305-741-6997.

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