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Aggravated Child Abuse in Florida

Aggravated Child Abuse in Florida

Florida Statute §827.03(1)(a), states that Aggravated Child Abuse is defined as the infliction of aggravated battery upon a child or children; or caging, willfully torturing, or maliciously punishing a child or children; or abusing children in such a way that they suffer from permanent disfigurement, grievous bodily harm, or permanent disability.

It is worth noting that aggravated child abuse may be committed by any person. The accused does not always have to be someone with a custodial or parental relationship with the victim. Therefore, what would normally have constituted a regular misdemeanor battery in case the victim had been over the age of 18, can be charged as Aggravated Child Abuse, depending on the discretion of the prosecutor.

Applicable Penalties
This offense is a Felony of the First Degree within the state of Florida. The court may impose any of these following penalties in any combination:
Fine not exceeding $10000
Probation period not exceeding 30 years
Imprisonment period not exceeding 30 years 

Applicable Specific Defenses
Parental Privilege
Any parent or a person in loco parentis, like a teacher, can discipline children who are under their control, provided it is within reasonable limits. However, if such a discipline session results in an injury any serious than just minor bruising, the right of parental privilege stands forfeit.

Contact Criminal Defense Lawyer Larry Avallone

If you've been charged or arrested in the Daytona Beach area, contact Larry Avallone, who is an expert Criminal Defense Lawyer in Volusia County. My initial consultation is free. I am ready to provide legal advice regarding the next steps of your case.