Accused of Hitting a Child? Legal Steps You Must Take Now
There was a time when no one questioned the way a parent chose to discipline a child. But the situation is just the opposite now. Friends, neighbors, and total strangers feel obligated to make their opinions known if they believe you haven’t treated a child properly.
If someone accuses you of hitting a child, that is an allegation of serious child abuse, and you need to take steps to protect your rights, even if you know the claim is completely false. At Burke Brown Attorneys, PLLC, we have been protecting the rights of individuals accused of child abuse and other offenses in situations where people are often quick to assume the worst. We know how challenging it can be to prove your innocence without the right legal guidance, and it is our mission to provide the most effective defense in delicate situations with high-stakes consequences.
We cannot provide legal advice in a blog because advice needs to be tailored to the specific circumstances involved in your case. If you contact us directly, we can review your options and discuss the defense strategies that make the most sense in your case. For background information, here are some factors to understand about what to do if you’ve been accused of hitting a child.
Immediate Consequences of a Child Abuse Accusation
Understanding is key when you’ve been accused of child abuse. You need to understand the accusations, what’s at stake, and how to protect your rights most effectively. It can be difficult to gain this understanding in the aftermath of a child abuse allegation because things can move very quickly. Advice from an attorney with experience with both criminal defense and Child Protective Services cases can be extremely helpful during this critical time.
Potential Actions by Law Enforcement and Child Protective Services
When you’ve been accused of hitting a child, the circumstances involved will determine how the case is handled and the potential consequences. Most situations of this type involve allegations of a parent committing an act of child abuse against their own child. When the accusation involves someone at the child’s school or another adult, the rules and method of response by law enforcement may be considerably different.
Other factors that impact the immediacy and type of response from officials include:
● The age of the child
● Whether the accusation is based on an eyewitness account or a report of someone who noticed an injury
● The presence and severity of injuries
● The force used
Many professionals who work with your child are required by law to report signs of potential abuse, so the accusation of abuse could stem from something your child said at school or bruises that someone noticed.
A parent who is accused of hitting a child could be arrested for assault of a child or another criminal offense that may be treated as domestic violence. Your child may be removed as an emergency measure, and Child Protective Services (CPS) is likely to conduct an investigation.
The court may temporarily remove the child from your custody and issue temporary protection orders that restrict you from having contact with the child. All of this can happen quickly, and it is important to try to remain calm even if it seems like your world is falling apart. Displays of anger can be used against you later. You will have the chance to defend your actions in court, so now is the time to prepare to make the most of that opportunity.
Potential Penalties for a Child Abuse Conviction
Hitting a child can be prosecuted as a crime. Depending on the injuries that result and any previous patterns of abusive behavior, the crime can be penalized as a misdemeanor or as a class A, B, or C felony.
According to RCW 9A.36.140, a conviction for assault of a child in the third degree is a class C felony. According to RCW 9a.20.021, the maximum sentence for a class C felony is confinement in a state correctional institution for five years or by a fine in the amount fixed by the court of $10,000 or both such confinement and fine.
The maximum penalties double if you are convicted of assault of a child in the second degree, and a first-degree offense can be penalized by a life sentence in prison. The law takes child abuse extremely seriously, so it is vital to protect yourself with a solid defense strategy as quickly as possible.
Defenses Against Child Abuse Allegations
Not every instance of hitting a child is considered child abuse. Parents have the right to discipline their children physically, so long as the disciplinary action is reasonable. RCW 9A.16.100 specifies when physical discipline is not considered a violation of the law. It must be:
- Reasonable and moderate
- Inflicted by a parent or guardian
- Inflicted to restrain or correct the child
Different standards apply when physical contact of this type is inflicted in a school setting.
Certain actions are presumed to be unreasonable. The acts presumed to be unreasonable include:
- Throwing, kicking, burning, or cutting a child
- Striking a child with a closed fist
- Shaking a baby or child under age three
- Doing something that interferes with a child’s breathing
In addition, threatening a child with a deadly weapon or doing something that foreseeably causes injuries that go beyond transient pain or minor temporary marks are also acts that are presumed to be unreasonable. When evaluating a parent’s claim that they were acting to impose reasonable discipline, a court will consider the child’s size, age, and condition as well as the location of the injury.
What to Do if Accused: Protecting Your Rights and Future
The incident may be over in a few seconds, but the impact can last a lifetime. If you’ve been accused of hitting a child, CPS can remove your child from your home, and police can charge you with a crime. If there was ever a time to get help from the right attorney, this is it.
There is no substitute for the advice and advocacy an experienced attorney can provide in this critical situation. The sooner the better. Everything you say and do has the potential to either help with your defense or build the case against you.
Criminal Defense and CPS Advocacy When it Matters Most
With decades of experience protecting families in CPS proceedings and defending those accused of serious crimes, Burke Brown Attorneys, PLLC understands how to protect your rights and your future if you’ve been accused of hitting a child. But time is of the essence, so you can be prepared for the crucial days and weeks ahead. For a confidential consultation to learn more about the guidance and representation we can provide, contact us online, call us at 206-933-2414, or email us at office@burkebrown.com.
