Defending against charges of child abuse and other types of crimes against children is difficult. These cases are often high profile and can garner significant media attention. Child abuse defense requires a skilled attorney.
There are several common methods of defending against accusations of child abuse that you may want to assert. The best way to create a good defense is to hire a skilled criminal defense attorney.
What Is Child Abuse?
Child abuse is a broad term. Under New Mexico law, child abuse involves a potentially wide range of conduct, including sexual abuse and conduct that results in physical injury that was not inflicted by accident. It is not necessary for there to be serious injury in order for conduct to constitute child abuse.
A common child abuse defense is to demonstrate that the allegations are false. Many accusations of child abuse are false. Such accusations frequently arise due to conflict within the family or as a result of a contentious divorce or custody battle.
In most situations, accidental injuries to a child do not amount to child abuse. However, this is a complicated area of law. Frequently, whether or not conduct amounts to a crime depends upon the mental state of the defendant. In some situations, negligent or reckless behavior can amount to a crime.
Parents’ Right to Discipline
Parents are typically allowed to discipline their children, so long as the discipline is reasonable and does not cause bodily injury. However, discipline can occasionally result in criminal charges. The question of whether discipline amounts to a crime turns on the issue of “parental privilege.” Under the “parental privilege,” a parent has the right to discipline their child within reason. However, the limits of the “parental privilege” are subject to interpretation by the courts and require significant legal research.
There are cases where parents refuse to seek medical help for their ill child because of religious beliefs. This is a controversial topic, but it can potentially be used as a defense.
If you are facing accusations of physical, emotional, or sexual abuse, you should contact a criminal defense attorney. Such accusations are serious and require a skilled and experienced lawyer.
Our team at FBD Law is here to offer you help. Contact us today and schedule your consultation.