San Diego Child Abuse Lawyer

Child abuse in California is usually charged under Penal Code 273d, which makes it a crime to willfully inflict cruel or inhuman corporal punishment, or an injury resulting in a traumatic condition, on a child. It is a wobbler, punishable by up to one year in county jail or 2, 4 or 6 years under Penal Code 1170(h), and by a fine of up to $6,000.

A related charge, child endangerment under Penal Code 273a, covers causing or permitting a child to suffer unjustifiable physical pain or mental suffering, or placing a child where their health is endangered. When the circumstances were likely to produce great bodily harm or death, it is a wobbler punishable by up to one year in county jail or 2, 4 or 6 years in state prison; otherwise it is a misdemeanor. Sexual abuse of a child is charged under separate statutes, such as Penal Code 288.

Probation in these cases comes with terms set by statute: at least 36 months of probation, a protective order and a child abuser's treatment program of at least one year for PC 273d, and at least 48 months of probation for PC 273a, unless the judge states on the record why a condition should be waived. Even a false accusation can damage your reputation and your future. If you're facing these charges, contact the Law Office of Marc S. Kohnen today for a confidential consultation.

How Does Marc Defend Child Abuse Accusations?

At the Law Office of Marc S. Kohnen, we understand the gravity of child abuse allegations. Marc personally defends people accused of these crimes and will work tirelessly to:

• Thoroughly Investigate the Case: We will examine every detail of the accusations to uncover any weaknesses in the prosecution's case.
• Build a Strong Defense: We will develop a customized defense strategy tailored to your specific circumstances.
• Negotiate with Prosecutors: We will aggressively negotiate with the prosecution to achieve the best possible outcome, including plea bargains or reduced charges.
• Represent You in Court: If necessary, we will vigorously defend you in court, fighting for your rights at every stage of the legal process.

Who Can Be Charged With Child Abuse?

Child abuse investigations often begin with a report from a teacher, doctor, counselor or other mandated reporter, who is required by law to report known or reasonably suspected abuse (Penal Code 11166), and that report can lead to quick action by police, even an immediate arrest. Some accusations are well founded. Others grow out of custody disputes, revenge or a misunderstanding, and the investigation can move forward even when the evidence is circumstantial or false.

Child abuse charges are not limited to parents. Any person who cares for or is responsible for a child can be accused, including:

• Coaches
• Teachers
• Relatives
• Babysitters
• Daycare providers
• Houseguests

The prosecution has to prove every element beyond a reasonable doubt, but these cases move quickly, and an innocent person can still face serious charges. Hiring a child abuse attorney early lets you evaluate your options and navigate the legal process with someone in your corner.

What Counts as Child Abuse in California?

California law reaches physical abuse, mental suffering, endangerment and neglect, and sexual abuse, each under different statutes. Depending on the statute and the circumstances, these crimes can be charged as misdemeanors or felonies.

Physical abuse under PC 273d involves inflicting cruel or inhuman corporal punishment or an injury that results in a traumatic condition, such as bruising, cuts or burns.

Inflicting unjustifiable mental suffering on a child, such as through public humiliation or verbal attacks meant to degrade a child, can be charged as child endangerment under PC 273a.

Those accused of child sexual abuse are dealt with severely, because the charge involves sexual activity with a minor, and the penalties if convicted are severe.

Child Molestation and Statutory Rape Charges

Molestation refers to a lewd act committed on a child and is usually charged under Penal Code 288, which we cover on our child molestation page. A child molestation charge can also bring additional charges, such as assault and battery.

Unlawful sexual intercourse with a minor, meaning a person under 18, is often called statutory rape and is charged under Penal Code 261.5. When the accused is 21 or older and the minor is under 16, it is a wobbler carrying up to one year in county jail or 2, 3 or 4 years under Penal Code 1170(h).

These accusations are especially hard to face when they rest on false evidence. Marc will evaluate every aspect of your case, defend your rights in court and leave no stone unturned.

What Are the Penalties for Child Abuse in California?

Child abuse charges, whether felony or misdemeanor, carry severe consequences. A felony PC 273d conviction carries 2, 4 or 6 years and a fine of up to $6,000, a prior PC 273d conviction can add a four-year enhancement, and felony child endangerment under PC 273a carries 2, 4 or 6 years in state prison. The social stigma can be just as devastating.

You may also lose custody or parental rights if found guilty. The court, prosecutors, police, and caseworkers view child abuse cases with gravity. Expect little sympathy.

That's why it's crucial to fight for your rights. Marc Kohnen has defended child endangerment cases in San Diego, including a felony PC 273a arrest in which his negotiation with the District Attorney prevented criminal charges from being filed. Every case is different, and prior results do not guarantee a similar outcome.

Understanding Child Abuse Charges in California

California's child abuse laws cover a wide range of conduct, including:

• Physical Abuse (PC 273d): Inflicting cruel or inhuman corporal punishment or an injury that causes a traumatic condition, such as bruising, burns, or cuts.
• Emotional Abuse (PC 273a): Inflicting unjustifiable mental suffering, such as verbal assaults or public humiliation meant to degrade a child.
• Sexual Abuse (PC 288 and related statutes): Any sexual activity involving a minor, which carries some of the most severe penalties in California.
• Neglect or Endangerment (PC 273a): Willfully causing or permitting a child's health to be injured, or placing a child in a situation where their health is endangered.

In California, even an accusation of child abuse can result in significant consequences, including arrest, social stigma, and loss of custody rights. That's why it's crucial to have an experienced San Diego child abuse attorney evaluate your case and build a strong defense.

How the Law Office of Marc S. Kohnen Can Help

At the Law Office of Marc S. Kohnen, we provide a vigorous defense for clients facing child abuse charges. Marc S. Kohnen builds each defense on a meticulous review of the evidence.

Our approach includes:

• Case Evaluation: We carefully examine every detail of your case, identifying weaknesses in the prosecution's evidence.
• Strategic Defense: Whether through negotiation or courtroom advocacy, we tailor a defense strategy to your specific circumstances.
• Protecting Your Rights: We fight to ensure your rights are upheld at every stage of the legal process.
• Restoring Your Reputation: Beyond legal defense, we understand the importance of preserving your good name.

Contact a San Diego Child Abuse Lawyer Today

If you have been accused of child abuse, don't waste any time. The stakes are high, and the lawyer you choose matters.

The Law Office of Marc S. Kohnen is led by attorney Marc Kohnen, who has defended clients in San Diego courts since 2008 and handles every case personally.

Contact us today for an initial confidential meeting to discuss your options.