Child Abuse Defense In Lake County

Types of Child Abuse Charges in Florida (F.S. § 827.03)

The “Malice” Requirement

Under the Florida Statutes, for a parent’s discipline to be considered “malicious.” In this context “maliciously” means wrongfully, intentionally, and without legal justification or excuse. Maliciousness may be established by circumstances from which one could conclude that a reasonable parent would not have engaged in the damaging acts toward the child for any valid reason and that the primary purpose of the acts was to cause the victim unjustifiable pain or injury. We aggressively challenge the “malice” element by contextualizing the incident and proving that your intent was corrective, not criminal.

Strategic Defence For Abuse Allegations

As a former Lake County prosecutor in the Special Victims Unit, Attorney Christopher J. Lewis knows how to identy the weaknesses in the State’s emotional narrative:

• Reasonable Parental Discipline: Florida recognizes a parent’s right to use corporal punishment that does not result in significant injury. We fight to keep the government out of your home.

• Lack of Intent/Accident: If an injury was the result of a genuine accident or a child’s own behavior, it fails the “intentional act” requirement for child abuse.

• Challenging Hearsay: Children are often coached or influenced by high-conflict custody battles. We use our years of experience to scrutinize child hearsay for inconsistencies and outside influence.