The welfare of a child is important, not only to the parents but also to the state and country as a whole. To safeguard the well-being of our children, there are laws created to protect against conduct that can be deemed neglectful. Child neglect laws seek to protect those that are considered too weak to protect themselves. Accordingly, such criminal matters are not taken lightly and carry serious consequences. But what if you are innocent? Don’t fight the system alone — talk to a San Diego assault and domestic violence lawyer to help protect your rights when dealing with domestic legal matters.
There are a number of child neglect cases every year and society is often unsympathetic to those who are the perpetrators of such crimes. False reports, malicious prosecution, and poor legal representation can send innocent parents to prison.
What is Child Neglect?
Child neglect under California Penal Code is defined as the willful act of not providing clothing, food, shelter, medical, or other remedial care to a child. Additionally, the law allows for charges to be brought against a parent who willfully allows a child to be exposed to harm, suffering, or death. The criminal charge is a serious one that can lead to a fine or incarceration, and in some cases both.
The penalty for a parent found guilty of child neglect can never be considered as a slap on the wrist. In addition to a potential fine or incarceration, the law allows the state to pursue a civil case to strip parents of their parental rights. It is critical if you are accused, charged, or facing trial for child neglect, that you seek the services of a qualified lawyer who focuses in such criminal cases.
You Need an Experienced San Diego Child Neglect Attorney From McElfresh Law
Like every other criminal matter, the law dictates that you are innocent until proven guilty. But even when you know that you are innocent, a belief is not sufficient to get you out of jail. Here are some reasons why you should consider McElfresh Law for criminal defense representation:
- The penalty for child neglect criminal cases may include imprisonment. Depending on the charges laid against you, you could face up to 6 years in prison away from your family and your children. You will want to put forward the best defense possible to ensure your liberty. We provide strong legal support for your case.
- If found guilty, you could lose your parental rights. In most cases, paying a fine or spending a few years in prison is not the hardest aspect of being found guilty. The hardest pill to swallow for most is the likelihood of losing their parental rights. You will need a lawyer who will fight your case without wavering and who understands that your parental rights and being reunited with your children is foremost on your mind.
- Proving your innocence in a child neglect case can be difficult. In a lot of cases, the prosecution’s evidence is based on oral testimony and you can easily be the victim of a malicious attempt to smear your name and remove your children from your home. Additionally, cultural differences – a defense in child neglect cases – can lead to misunderstanding by others who do not share in a particular cultural belief. While the prosecution has a burden to meet, you will also need to put up a strong defense to ensure your success in court. At McElfresh Law, we have worked for years successfully defending people charged with crimes.
- The law concerning child neglect can seem subjective in some cases. What is deemed as an appropriate provision in one case, is not the same in the other. This is because the defendant’s income and financial ability is part of the case of proving neglect. You will need a legal mind that is capable of dealing with the legal technicalities.
Your liberty and your children depends on your charges being dismissed or reduced. McElfresh Law brings years of criminal defense experience and knowledge to vigorously defend any case brought against you for child neglect in San Diego, California.
Criminal charges are generally life-altering both for the accused and their family. However, when the charges relate to the neglect or the abuse of a child, a parent can face much more than the deprivation of liberty. Let us work to get your life back and restore your home and reputation. Call our experienced team of San Diego child neglect attorneys at McElfresh Law for a free consultation today: (858) 756-7107.