Practice Area
California Corporal Injury On A Child Attorneys
Corporal Injury on a Child Overview – Penal Code section 273d
Corporal injury on a child is defined as the infliction of physical punishment on a child that results in a traumatic condition. Physical punishment is any form of physical contact with the child that results in an injury. The type of contact can range from serious punching or kicking to shoving or pushing a child. More importantly, the physical punishment must be unreasonable or unjustified. Merely disciplining your child for bad behavior will not qualify as corporal injury, so long as it is reasonable and warranted.
Facing a charge of corporal injury on a child is a serious matter. Moreover, a parent even being investigated for corporal injury can have their children removed from their care by social services. It is imperative that you contact the attorneys at Wallin and Klarich when charged with corporal injury on a child. Wallin and Klarich has over 30 years of experience in dealing with numerous child abuse cases. Wallin and Klarich may discover, after investigating the matter, that sometimes these allegations are unsupported and lack any merit. A child may make up stories or even a parent may implant stories in the child’s mind to encourage the child to make false allegations.
Under the circumstances, clients who retain one of our experienced corporal injury attorneys are able to resolve their case by dismissing the charges. However, this will depend on the facts of your case and whether or not there were previous charges of corporal injury. If you or someone you love is charged with corporal injury on a child, it is critical that you contact the experienced Southern California criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 criminal defense law firm who can effectively represent your side of the story.
More California Corporal Injury On A Child Information
California Corporal Injury On A Child Defense Attorneys
Corporal Injury on a Child Defenses – Penal Code section 273d
Reasonable Discipline
The state permits a parent to discipline a child; however, the discipline must be reasonable. For example, using a large wooden stick or a wooden paddle to beat your child is not reasonable discipline. On the other hand, spanking a child with an open hand would qualify as parent’s right to discipline their child. The law determines whether the discipline was reasonable or valid based on whether or not the punishment was warranted and whether it was excessive or reasonable under the circumstances. Therefore, it is a valid defense to assert that, as a parent, you were merely disciplining your child in a reasonable manner.
More California Corporal Injury On A Child Information
- Corporal Injury On A Child Prosecution
- Corporal Injury On A Child Defenses
- Corporal Injury On A Child Sentencing & Punishment
- Corporal Injury On A Child FAQ’s
- Client Testimonials: Corporal Injury On A Child
Prosecution Of Corporal Injury On A Child
California Corporal Injury on a Child Prosecution – Penal Code section 273d
To prove that the defendant is guilty of the crime of corporal injury on a child in California, the prosecution must prove that:
- The defendant willfully inflicted cruel or inhuman physical punishment and/or an injury on a child; and
- The punishment and/or injury inflicted by the defendant caused a traumatic physical condition to the child.
The law defines a traumatic physical condition as a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force. A punishment or injury caused a traumatic physical condition if:
- The traumatic condition was the natural and probable consequence of the punishment or injury;
- A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes.
- The punishment or injury was a direct and substantial factor in causing the condition; and
- A substantial factor is more than a trivial or remote factor. However, it does not need to be the only factor that caused the traumatic condition.
- The condition would not have happened without the punishment or injury.
More California Corporal Injury On A Child Information
- Corporal Injury On A Child Prosecution
- Corporal Injury On A Child Defenses
- Corporal Injury On A Child Sentencing & Punishment
- Corporal Injury On A Child FAQ’s
- Client Testimonials: Corporal Injury On A Child
Corporal Injury of Child FAQs – Penal Code Section 273d
Corporal Injury of Child Frequently Asked Questions
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If I am charged with corporal injury of a child, will I lose my child?
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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?
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I was defending myself when I injured my child. Is this a viable defense?
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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.
More California Corporal Injury On A Child Information
Corporal Injury On A Child Punishment & Sentencing
Corproal Injury on a Child Sentencing & Punishment – Penal Code section 273d
Corporal injury on a child is known as a “wobbler.” A wobbler means that a prosecutor may charge this crime as either a misdemeanor or felony.
If charged as a misdemeanor, a defendant found guilty of corporal injury on a child shall be punished by imprisonment in a county jail for not more than one year or subject to a fine of up to $6,000, or imprisonment and the fine.
If charged as a felony, a defendant found guilty of corporal injury on a child shall be punished by imprisonment in a state jail for two, four, or six years, or subject to a fine of up to $6,000, or imprisonment and the fine.
If the court grants probation then the law requires that:
- A mandatory minimum period of probation of 36 months.
- A criminal court protective order protecting the victim from further acts of violence or threats, and, if appropriate, residence exclusion or stay-away conditions.
- Successful completion of no less than one year of a child abuser’s treatment counseling program. The defendant shall produce documentation of program enrollment to the court within 30 days of enrollment, along with quarterly progress reports.
More California Corporal Injury On A Child Information
- Corporal Injury On A Child Prosecution
- Corporal Injury On A Child Defenses
- Corporal Injury On A Child Sentencing & Punishment
- Corporal Injury On A Child FAQ’s
- Client Testimonials: Corporal Injury On A Child
Testimonials
Physical/Sexual Abuse Cases
My son was facing serious felony molestation charges in Juvenile Court. We hired criminal defense attorney Daniel V. Cota of the law firm of Wallin & Klarich to represent my son. It was a very long process, but Mr. Cota was with us throughout each step of the way. At the conclusion, my son avoided any time in custody and we were able to put this entire ordeal behind us. Thank you Mr. Cota for all of your help with my son’s case. We really appreciate it.
-Anonymous
I was young and naïve and had sex with a girl that I went to school with. She had a boyfriend and when she was confronted about where she had been, told them, her parents and the police that I had forcibly raped her. I was looking at being in custody for 10 years when I hired Wallin & Klarich. WK Attorney took over my case and put on a great defense for me. I was found not guilty and walked out of the courtroom that day a free man. Wallin & Klarich saved me 10 years of my life and preserved my future.
-J. G.
“Prior to retaining the services of Wallin & Klarich, I was convicted of statutory rape, which subjected me to automatic deportation. I retained the services of Wallin & Klarich to set aside conviction in order to avoid deportation. The attorneys of Wallin & Klarich moved aggressively to present my case to the District Attorney and Judge. Wallin & Klarich successfully drafted and argued a Writ of Corum Nobis and Writ of Habeas Corpus, which resulted in dismissal of all charges against me. Due to Wallin & Klarich’s suburb legal knowledge the District Attorney will not re-file any charges against me. Thus, there is no conviction on my record and INS can not initiate deportation proceedings against me. I am grateful to Wallin & Klarich for their advice and guidance. I would recommend them highly to anyone facing a similar situation or any other criminal charge.”
-M.
“I received a letter in the mail from the District Attorney’s office informing me that I was being charged with sexual battery against a woman I was seeing. Needless to say I was distraught over the entire ordeal. Here I was facing a year in jail and if convicted, I would have to register as a sex offender for the rest of my life! I knew I needed an attorney who would aggressively advocate my case because I was innocent and was being wrongly accused of a horrific crime. My relations were consensual and now to be accused that I forced myself upon someone against their will was not only completely out of character, it was disturbing.
I opened the yellow pages and come across hundreds of different ads for attorneys and didn’t know which to pick. I called a few and was disappointed, until I called the law firm of Wallin and Klarich. The conversation I had with an attorney was so reassuring that I made an appointment and went into their Tustin office to sit down and further discuss my case.
I met with an attorney and after discussing what really happened I knew she was the right attorney to represent me. Although I knew I was innocent, I was afraid because the criminal process really feels as though I have to prove I’m innocent, not that the prosecution has to prove I’m guilty. I am so appreciative that she was successful in arguing my case and pointing out all the inconsistencies in the police report and what the alleged victim had said I had done. It was all a lie and she was able to show that and bring the truth to the forefront.
Anyone going through such a horrid ordeal should have someone like Wallin & Klarich representing them. Wallin & Klarich’s knowledge of the law, along with the fact that they believed me and actually cared about the truth is what made the difference in my case. Thanks to her abilities, my case was dismissed.”
Very truly yours,
Anonymous
Child Abuse
“I was charged with child abuse and a misdemeanor complaint was filed against me. I proclaimed my innocence and entered a plea of NOT GULITY. I sought the services of the Wallin & Klarich law firm who willingly took on my case. The firm provided me with the best counsel that they had on their staff. My Wallin & Klarich attorney set my case for Jury Trial and gave a tenacious and vigorous defense, which resulted in a dismissal of all the charges.
Wallin & Klarich attorney’s professionalism, care and concern for myself and my family throughout this ordeal, made me feel like more than just another client. They made me feel like I had a friend and advocate that would fight for me with every available resource. Which proved true in the end as I was exonerated. My attorney is most certainly an asset to the partners at Wallin & Klarich. I will highly recommend their services to anyone who inquires about hiring an attorney.”
-I. J. W.
“On April 30, 2000, I was falsely accused of rape. I was facing 8 years in state prison. I met with another law firm before hiring Wallin & Klarich. I am glad I did not hire them because they did not believe that I was innocent and they were trying to convince me to take a plea bargain before seeing the evidence or appearing in court. Wallin & Klarich was the complete opposite. My attorney was able to honestly not render any conclusion until looking at the evidence and he was a forceful advocate in trying to convince the DA not to pursue the case. The result was that I got my case thrown out thanks to Wallin & Klarich. I will know who to recommend for anybody who is accused of a crime. Wallin & Klarich is the best.”
-A. E.
“I was charged with corporal injury to a child. I hired Wallin & Klarich to represent me and attorney Wallin & Klarich got all charges against me dismissed because the district attorney violated my speedy trial rights. I would recommend Wallin & Klarich to anyone who feels that their rights have been violated.”
-C. S.
“I was charged with child annoyance, which required registration and possible jail time. I was very thankful at the whole outcome. WK met my expectations. I was very happy with the outcome and my attorney. I am very happy with the outcome since I do not have to register and there is no jail time, with charges reduced. I would definitely recommend WK to anyone else.”
-M.
“I was charged with multiple felony counts. I was concerned about going to jail on my case. My attorney fought really hard to get me a good result. I was exposed to 4 years 8 months state prison. My lawyer was able to convince both the prosecutor and the Superior Court Judge to allow me to do a jail alternative program out of custody with some community service. I am very, very, pleased with my representation by Wallin & Klarich.”
-J.E.
“I was involved in a domestic incident with my girlfriend, which included a charge of child endangerment. I hired the offices of Wallin & Klarich to represent me. In the very first pre-trial the lawyers of Wallin & Klarich presented my case to the District Attorney and the Judge and the case was dismissed the same day. I believe that the familiarity Wallin & Klarich attorneys have with their particular court was instrumental in the very quick and outstanding result in my case. I would enthusiastically recommend them for any and all criminal matters.”
-Z. A.
“I was charged with unlawful sexual intercourse, Penal Code Section 261.5 for having sex with a minor. There was substantial evidence that I had committed the crime including my confession. The indicated sentence from the court if I plead guilty was 60 days in jail, registration as a sex offender and four years of probation. Notably the sex registration would have been something I would have had to do every year for the rest of my life. It would of made if difficult for me to find a job and buy a house without harassment from the police. As such I hired the law offices of Wallin & Klarich to represent me. Their attorneys are well acquainted with the District Attorneys and the judges for each court. They charged me a flat fee and kept me on making court appearances until the District Attorney finally agreed to reduce the charge to a disturbing the peace, Penal Code Section 415, with community service and informal probation. With this disposition I was able to avoid registering as a sex offender and having a sex offense on my record. In addition I was not required to do any jail time. Were it not for the efforts of the attorneys of Wallin & Klarich my life would have been seriously and permanently effected. I would enthusiastically recommend them for any criminal matter.”
-A. L.
“I was arrested and charged with six felony counts and facing 34 years in state prison. A rape conviction would have required a lifetime of registering as a sex offender. My lawyer fought the case from start to finish. During the course of my case he got some key prosecution evidence thrown out due to the illegal nature in which it was obtained. As a result, he was able to resolve my case on the third day of trial for no jail time and with all the rape charges dismissed! I can now rebuild my life thanks to the efforts of Wallin & Klarich.”
-E. P.
More California Abuse Information
- Child Abuse Index Laws: What You Need to Know
- Child Endangerment Overview
- Child Endangerment Defenses
- Child Endangerment Prosecution
- Child Endangerment Sentencing
- Child Endangerment FAQ’s
- Corporal Injury On A Child Overview
- Corporal Injury On A Child Prosecution
- Corporal Injury On A Child Defenses
- Corporal Injury On A Child Sentencing & Punishment
- Corporal Injury On A Child FAQ’s
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