Child Abuse / Neglect
Allegations of child abuse are some of the most emotionally-charged cases that appear on a court’s docket. Since the alleged victim is a minor, the state acts more aggressively in trying to protect the child and punishing the perpetrator to the maximum degree. What is often forgotten in the process, however, is an individual’s rights and presumed innocence until proven guilty beyond a reasonable doubt.
Often, allegations of child abuse or neglect are an outside misunderstanding of the actual situation. An unsuspecting parent may even find him or herself accused of child abuse when he or she was simply punishing the child within his or her rights as a parent. If you are facing allegations or charges of child abuse or neglect , an experienced Dayton criminal defense attorney will fight to defend your rights and your freedom, and may increase your chances of a favorable outcome.
Dayton Child Abuse Defense Attorney
Brian Joslyn and the legal team of Joslyn Law Firm are passionate about defending the rights of alleged offenders in Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek, Fairborn, and the surrounding areas, a passion that is rooted in Joslyn’s own experience as a wrongfully-charged suspect. If you are being investigated on child abuse or neglect allegations, it is important that you initiate a defense strategy quickly, as you only have so much time for your criminal defense attorney to intervene with the prosecution for you before formal charges are brought. For your free consultation with the experienced attorneys at Joslyn Law Firm, call (937) 356-3969 today.
Definition of Child Abuse in Dayton
Applicable definitions of child abuse appear in two separate sections of the Ohio Revised Code. The juvenile court section of ORC defines an abused child in §2151.031 as any child who is the victim of sexual activity, is endangered, exhibits evidence of intentionally inflicted physical or mental injury, or suffers physical or mental injury that harms the child’s welfare. In this definition, the term endangered refers to ORC §2919.22 which indicates that no parent or guardian of a child under 18 shall create substantial risk to the health or safety of the child by violating his or her duty of care, protection, and support.
ORC §2919.22, or the Endangering Children section of the Offenses Against the Family chapter of Ohio code, also states that no person shall do any of the following to a child under 18 or a mentally or physically handicapped child under the age of 21:
- Abuse or torture the child
- Administer corporal punishment or restraint to the degree that it is excessive to the situation and creates substantial risk to the child
- Allow or coerce a child to participate in obscene or sexually-oriented material
- Be guilty of DUI of alcohol and/or drugs with a minor in the car
Many misunderstandings or trumped-up charges can arise out of these subjective definitions in such an emotionally charged environment. An experienced Dayton criminal defense attorney will be able to go through your case in detail and motion to suppress any shaky evidence – possibly increasing your chances for a favorable outcome.
Definition of Child Neglect in Montgomery County
Under Ohio law, child neglect is separate offense from child abuse. Like the term abused child, neglected child is defined under the juvenile court chapter in §2151.04 as any child
- Who is abandoned by his or her parents, guardian, or custodian
- Who lacks adequate parental care due to the fault of the parents, guardian, or custodian
- Who lacks proper or necessary subsistence, education, medical or surgical care or treatment due to the fault of the parents, guardian, or custodian
There are specific exceptions to this rule involving religious beliefs. To determine if the child neglect allegations against you have any standing in these requirements, contact a qualified Montgomery County child neglect lawyer.
Dayton Penalties for Child Abuse and Neglect
Depending on the circumstances of your case, you could be facing jail time, fines, and community service in accordance with the following:
A first offense of child endangerment, child abuse, or DUI with a child in the vehicle is a first-degree misdemeanor punishable by:
- Up to 6 months in jail
- Up to $1,000 fine
- Up to 200 hours of community service
- Court fee to cover community service costs
- 1-year, Class 7 driver’s license suspension (DUI only)
DUI with a child or minor present is a fifth-degree felony when there is a prior offense involving abuse or neglect and is punishable by:
- 6-12 months in jail
- Up to $2,500 fine
- Up to 200 hours of community service
- Court fee to cover community service costs
- 1-year, Class 7 driver’s license suspension (DUI only)
A first offense of child endangerment, susbsequent offense of child abuse, or a DUI resulting in the serious bodily injury of a child is a fourth-degree felony punishable by:
- 6-18 months of jail time
- Up to $5,000 fine
- Up to 200 hours of community service
- Court fee to cover community service costs
- 1-year, Class 7 driver’s license suspension (DUI only)
Child endangerment resulting in serious physical harm to the child and excessive corporal punishment of a child are third-degree felonies punishable by:
- 1-5 years of jail time
- Up to $10,000 fine
- Up to 200 hours of community service
- Court fee to cover community service costs
Child abuse resulting in serious physical harm to the child, excessive corporal punishment of a child resulting in serious physical harm to the child, and a subsequent offense of excessive corporal punishment of a child are all second-degree felonies punishable by:
- 2-8 years of jail time
- Up to $15,000
- Up to 200 hours of community service
- Court fee to cover community service costs
Joslyn Law Firm | Montgomery County Child Neglect Lawyer
With child abuse allegations, your future and your freedom are up against a court whose preference is to err on the side of protecting the child. If you’ve been accused of child abuse in Montgomery County, Miami County, Clark County, or Greene County contact the experienced child abuse attorneys at Joslyn Law Firm. We will make sure your rights are protected and fight for a reduction or dismissal of your charges. Your first consultation is free, so call (937) 356-3969 today.
