Law Office of Michael L. Fell
900 Roosevelt Irvine, CA 92620
(949) 585-9055

California Child Abuse Laws: When Does Spanking Become a Crime?

There’s no question that raising a child can be difficult. Parents today have to deal with many issues that their parents did not have to deal with. It seems that everyone – whether they have a child or not – has a strong opinion on how children should be raised.

This is certainly true when it comes to spanking. Some parents feel strongly against it, while others strongly support it. This leads people to wonder: what does the law say? Is spanking considered child abuse? Keep reading for answers or contact Law Office of Michael L. Fell at (949) 585-9055 if you are being accused of this or other crimes.

California Law’s Legal Definition of Child Abuse

According to California law, child abuse is considered willfully inflicting “cruel or inhuman corporal punishment” on a child in such a way that it results in a “traumatic condition.” In most cases, the charge of child abuse is lobbied against parents, but it can be charged against family members, teachers, and any other adult who injures a child.

Child Abuse Does Not Apply to Accident Injuries

Of course, the question now is what the courts consider to be “cruel or inhuman corporal punishment.” The truth is that this can vary between one judge and another and between juries. You should know that abuse charges do not apply to accidental injuries, such as a child breaking their arm during a basketball game with their mom, but an accidental injury can result in charges of child neglect if the parent did not handle the injury as the court sees fit.

Spanking is Legal in California – If…

California law holds that spanking is legal if it is justified and it is not excessive. When deciding if it was legal or not, the court will look at the events that led up to the spanking. For example, if the parent tried to use other punishment first, but the child continued to disobey, then the court might consider that spanking was necessary.

The courts should only consider a spanking illegal if it is shown that the spanking went beyond what was reasonable. If a parent hits their child with a belt and the child is bruised and/or bleeding as a result, then this is not likely to be allowed by the courts.

Contact a Defense Lawyer if You Have Been Charged with Child Abuse

All too often, parents assume that being accused of child abuse is a misunderstanding. They assume that they can talk to the judge and explain what happened. Unfortunately, this is not always true. The prosecution has the law on their side – and you need the law on your side. Contact Law Office of Michael L. Fell at (949) 585-9055 now to request a free legal consultation and to learn what your options are.