Corporal Injury of Child FAQs - Penal Code Section 273d
Corporal Injury of Child Frequently Asked Questions
If I am charged with corporal injury of a child, will I lose my child?
I believe in strictly disciplining my child. How can the state step in and tell me how to raise my child? Is the need to discipline a child a defense to corporal injury of a child?
I was defending myself when I injured my child. Is this a viable defense?
I strike my child with a belt, is this considered unreasonable punishment?
If I am charged with corporal injury of a child, will I lose my child?
If you are accused of this crime, one of the consequences is that the court can issue a restraining order preventing you from having contact with your child. In addition, social workers may begin an investigation and could then file a petition in the child dependency court, pursuant to Welfare and Institutions Code 300, asking that legal custody of your child be taken from you. In the most serious of cases this could lead to the termination of your parental rights. It is extremely important to retain a lawyer when you are accused of the crime of corporal injury to child.
I believe in strictly disciplining my child. How can the state step in and tell me how to raise my child? Is the need to discipline a child a defense to corporal injury of a child?
Local, state, and federal governments have a compelling interest in protecting every child's health and well-being.
Disciplining a child is allowed as long as it is reasonable in the circumstance, and it does not cause a traumatic physical condition to the child.
I was defending myself when I injured my child. Is this a viable defense?
Self defense is a legal defense to the crime of corporal injury to child. If it can be shown that you were acting "reasonably" in attempting to defend yourself from being assaulted then that can serve as a legal basis to have the charges dismissed against you. However, keep in mind that the prosecution will often fight to have you found guilty and will not accept your word that you were acting in "self-defense." This is why you need to have an aggressive criminal defense law firm fighting for you when you go to court.
I strike my child with a belt, is this considered unreasonable punishment?
It is lawful for a parent to spank a child for disciplinary purposes with an object other than the hand. However, the punishment must be necessary and not excessive in relation to the individual circumstances. The prosecution will often fight to have you found guilty and will not accept your word that using a belt or any other object was reasonably necessary. The "general rule" is that any corporal punishment that leaves a "mark" your child is viewed by law enforcement as excessive. Normally the use of a belt is likely to use some "mark" on your child depending upon many factors. You are placing yourself at risk of criminal prosecution if you use a belt as discipline upon your child. It is essential to have an aggressive criminal defense law firm fighting for you when you go to court.
