Being accused of child neglect is a deeply distressing situation that can have severe consequences on your reputation. This charge can be faced not only by parents but also by caretakers such as teachers, coaches, and neighbors.
If you find yourself in this challenging position, it is crucial to seek the assistance of a skilled domestic violence attorney. Continue reading to learn how to find the right attorney for your case, or take action now and call Law Office of Michael L. Fell at (949) 585-9055 to schedule a free legal consultation.
Understanding the Legal Definition of Child Neglect
First and foremost, it is essential to comprehend the legal definition of child neglect under California law. According to the law, parents have a legal obligation to provide their children with food, shelter, clothing, and medical care.
It is important to note that this duty extends to parents without custodial rights or contact with the child, as long as they are aware of the child's existence and their need for assistance. Deliberately failing to provide aid, despite having the means to do so, can result in charges and conviction for child neglect.
Defending Against Charges of Child Neglect
Unfortunately, false accusations of child neglect are not uncommon, particularly in cases where there is a strained relationship between parents or guardians. The good news is that with the right domestic violence attorney, you can effectively fight these charges.
The most suitable defense strategy for your case will depend on the specific charges you are facing. However, some common defense options include:
- Establishing non-paternity: If paternity has not been established and you have reason to believe that the child is not your biological child, a paternity test may be necessary to support your defense.
- Demonstrating lack of awareness: If you were not in contact with the child and were unaware of their need for assistance, you cannot be held guilty of this offense. Furthermore, if you were aware of the child's need but the other parent refused to accept food, clothing, money, or other forms of assistance, you should not be held accountable.
- Presenting lawful reasons: In some cases, parents may lack the necessary resources to adequately care for their children. If you can demonstrate your limited resources, it may serve as a strong defense. However, it is important to note that this defense is unlikely to be successful if you have the means to work but deliberately choose not to.
As you can see, there are various defense options that may be applicable to your specific circumstances. Your best course of action is to contact Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation with an experienced criminal defense attorney. Safeguarding your reputation and securing the best possible outcome for your case is our priority.