Child Neglect Defense Attorney in Marion County

Negligence of a child, also referred to as child neglect, is a serious offense in Florida, with laws designed to protect the well-being and safety of minors. Child neglect is a felony offense, and is separated into a few different categories based on the level of neglect.

Gainesville Child Neglect Criminal Defense Attorney

Child neglect is a felony offense. Convictions, and even charges, carry serious social stigma and can haunt you for decades. It is extremely important to squash these charges as soon as they begin.
If you have been charged with child neglect or aggravated child neglect, you need to speak with an experienced, established attorney immediately.

Contact the Galigani Law Firm today for a consultation about your criminal child payment offense throughout Alachua County in Florida. Dean Galigani is an experienced Gainesville criminal defense lawyer who will make every effort to help you avoid the most serious penalties in your particular situation.

Call at (352) 375-0812 or send an online message for a consultation about your alleged child support crime throughout the counties in Florida, including Marion County, Levy County, Columbia County and Gilchrist County.

Information Center

Understanding Child Neglect in Florida
Penalties for Child Neglect
Additional Consequences
Common Defenses to Child Neglect Charges
Additional Resources
Hire a Child Neglect Criminal Defense Attorney in Gainesville, FL

Child Neglect Understood

Child neglect in Florida is defined under Section 827.03 of the Florida Statutes. It refers to a caregiver’s failure to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health.

Neglect can involve both actions and omissions, and it may be either willful or due to culpable negligence.

The law recognizes two types of neglect:

Physical Neglect: Failing to provide basic needs such as food, shelter, clothing, medical care, or protection from harm.
Emotional Neglect: Failing to provide emotional support, love, or nurturing, which can lead to psychological harm.

Culpable Negligence

Culpable negligence refers to conduct that shows reckless disregard for human life or for the safety of others. It is more severe than ordinary negligence and involves a grossly careless or indifferent attitude toward the potential consequences of one’s actions or inactions.

Child

A child is defined as any person under the age of 18. The term “caregiver” includes a parent, legal guardian, or any adult who is responsible for the child’s welfare.

Penalties for Child Neglect

Child neglect is considered a criminal offense in Florida, and the penalties vary depending on the severity of the neglect and the resulting harm to the child.

Non-Aggravated Child Neglect

Third-Degree Felony: If a child is neglected but does not suffer great bodily harm, permanent disability, or permanent disfigurement, the offense is classified as a third-degree felony. The penalties for a third-degree felony in Florida include up to 5 years in prison, 5 years of probation, and a fine of up to $5,000.

Aggravated Child Neglect

Second-Degree Felony: If the neglect results in great bodily harm, permanent disability, or permanent disfigurement, the offense is elevated to a second-degree felony. Penalties for a second-degree felony include up to 15 years in prison, 15 years of probation, and a fine of up to $10,000.

Additional Consequences

In addition to criminal penalties, a conviction for child neglect can have other serious consequences, including:

Loss of Parental Rights: A conviction may lead to the termination of parental rights, meaning the parent or guardian could permanently lose custody of the child.
Loss of Custody: Even if parental rights are not terminated, the parent or guardian may lose custody of the child temporarily or permanently.
Criminal Record: A conviction for child neglect will result in a permanent criminal record, which can affect the individual’s ability to find employment, obtain housing, or access certain services.

Common Defenses to Child Neglect Charges

While child neglect is a serious charge, there are several defenses that can be raised depending on the circumstances of the case:

Lack of Willfulness or Intent

One of the primary defenses against child neglect charges is the lack of willfulness or intent. If the defendant did not willfully neglect the child or was unaware that their actions or inactions could result in harm, they might argue that the neglect was unintentional. For example, if a parent was unaware of a child’s medical condition and failed to seek treatment, the lack of knowledge could be used as a defense.

False Accusations

False accusations of child neglect can arise in contentious situations, such as custody battles or domestic disputes. If the defendant can provide evidence that the accusations are unfounded or were made with malicious intent, this defense can be effective. This may involve showing that the child was properly cared for or that the accusations are part of an attempt to manipulate legal proceedings.

Reasonable Discipline

Florida law allows parents to discipline their children reasonably. If the neglect charges are based on disciplinary actions taken by the parent, the defense may argue that the discipline was reasonable and did not constitute neglect. However, the discipline must not be excessive or cause harm to the child.

Poverty or Lack of Resources

In some cases, the neglect may result from poverty or a lack of resources rather than willful neglect. If the defendant can demonstrate that they lacked the financial means to provide for the child’s needs but took reasonable steps to seek help, this could be a valid defense. However, this defense may not be effective if the parent or guardian did not seek available assistance or refused help.

Accidental Injury

If a child was injured due to an accident, and the defendant can prove that the injury was not a result of neglect or culpable negligence, this may serve as a defense. The key is to demonstrate that the incident was purely accidental and that the defendant took reasonable precautions to prevent harm.

Medical Conditions or Mental Health Issues

If the defendant suffers from a medical condition or mental health issue that impaired their ability to care for the child, this could be used as a defense. The defense would need to show that the condition prevented the defendant from providing proper care, and that the neglect was not willful. Additionally, seeking treatment or demonstrating a willingness to address the underlying issue can support this defense.

Additional Resources

Understanding child neglect – The U.S. Government’s Department of Child Welfare provides a breakdown of child abuse and neglect. The state of Minnesota offers a similar guide to child abuse and child neglect.

Child Maltreatment Intake Guidelines – The state makes public the guidelines to taking in maltreated youths. If you’re interested in what happens to a child once child services have been contacted, read this guide.

Child Neglect