If you’re facing charges of child abuse in Columbia, SC, it’s crucial to have a knowledgeable and compassionate attorney by your side. At Jeffcoat Criminal Defense Lawyers, we understand the intense stress and fear that come with these charges, and we’re here to help you through every step of the legal process.
Our experienced team is dedicated to defending your rights and ensuring you receive a fair trial. If you’ve been arrested in Columbia, South Carolina, and need help, contact Jeffcoat Criminal Defense Lawyers to speak with a Columbia child abuse attorney at (803) 200-2000.
How Jeffcoat Criminal Defense Lawyers Can Help If You’re Arrested For Child Abuse
If you’re facing child abuse allegations in Columbia, SC, working with an experienced sex crimes attorney is essential. Below are some of the ways our firm can help you:
- We understand how difficult this situation is, and we will sit down and listen to your version of what happened. We understand that this almost always differs from what the prosecution says, and we want to get all the details from you.
- We will gather all relevant evidence that will help prove you are not guilty of the charges you’re facing. This often includes witness statements, expert witness reports and testimony, video footage, alibi evidence, and any medical records from the alleged victim.
- If it’s appropriate, we will negotiate with the prosecutors for a plea deal. This can reduce charges and lead to more lenient sentences.
If you’re dealing with a child abuse charge in Columbia, South Carolina, we’re here to help you from beginning to end. Contact Jeffcoat Criminal Defense Lawyers to speak with a Columbia criminal defense attorney.
Overview of Child Abuse in South Carolina
If you find yourself accused of child abuse, understanding the charges is crucial. Below is an overview of some of the most common charges in South Carolina related to child abuse:
Unlawful Conduct Towards a Child
One of the most common child abuse charges in South Carolina is unlawful conduct towards a child. The prosecution must demonstrate two essential components to establish a charge of unlawful conduct towards a child.
- Connection to the child: The accused individual must have a legally recognized duty of care for the child, such as being a parent, guardian, or any individual entrusted with the child’s wellbeing or custody.
- Demonstrated harm or risk: It must be proven that the defendant engaged in actions that either endangered the child by placing their life, health, or safety in unreasonable jeopardy or caused deliberate significant physical harm that endangered their life or health. Alternatively, proof that the defendant purposefully abandoned the child may also satisfy this element.
A conviction requires clear evidence of both the legal duty to the child and the significant risk or harm involved.
Cruelty to Children
In South Carolina, the charge of cruelty to children involves certain harmful actions against a child. If someone mistreats a child in a harsh manner, denies them essential food or shelter, or causes them undue pain or distress, this can lead to this type of criminal charge.
This applies to anyone tasked with the child’s care, whether they are a parent, guardian, or another responsible adult. These actions must be intentional and beyond what is considered reasonable or necessary for discipline or care.
Homicide by Child Abuse
Homicide by child abuse is a serious charge in South Carolina and is used when the death of a child under 11 years old occurs due to abuse or neglect. It’s a unique charge because it stands alone without any lesser offenses attached.
This means when someone faces this charge, there aren’t less serious, related charges that someone can be convicted of instead. You’re either guilty of homicide by child abuse, or you’re not guilty at all.
It’s essential for defendants to understand the potential charges as well as their rights, which includes speaking with a lawyer.
Exceptions to the Definition of Child Abuse or Neglect
There are specific situations where actions may not fall under the definition of child abuse or neglect. These include exceptions for corporeal punishment/discipline and school absence.
Corporeal punishment or physical discipline is not considered abuse if it is:
- Administered by a parent, guardian, or someone acting in their place
- Meant solely to restrain or correct the child
- Reasonable and moderate in its application
- Does not lead to lasting or severe harm
- Not the outcome of reckless or extremely careless behavior from the parent
Additionally, a child’s non-attendance is not seen as neglect unless:
- The school has actively tried to improve the child’s attendance
- Those efforts failed due to the parents not cooperating
If you’re accused of child abuse or neglect, it’s important to understand the behaviors that are not allowed but also the ones that are legally permitted.
What Are the Penalties For Child Abuse in Columbia, South Carolina?
Understanding the potential penalties for child abuse charges you face can help you prepare for your defense. Here is a breakdown of the various charges and their associated penalties.
- Unlawful conduct towards a child: A conviction for unlawful conduct towards a child is more severe and is classified as a felony. If found guilty, you could face up to 10 years in prison.
- Cruelty to children: This charge is considered the least severe under South Carolina’s child abuse laws. It is a misdemeanor and is punishable by up to 30 days in jail.
- Homicide by child abuse: This is the most severe charge related to child abuse. If convicted of homicide by child abuse, the penalties are significantly harsher, ranging from 10 years to life imprisonment.
Defendants facing child abuse charges in South Carolina need to understand the gravity of the accusations, including the potential penalties, and seek knowledgeable legal representation as soon as possible.
What Defenses Can Be Raised If I’m Arrested for Child Abuse?
Facing charges of child abuse in South Carolina can be a frightening experience. However, it’s important to know that several legal defenses might be available to help you fight these allegations.
Lack of Intent
One possible defense is proving there was no intention to harm the child. If you can show that any harm was purely accidental and not malicious, this might be a valid defense in some cases.
False Accusations
Unfortunately, false accusations can happen. It can be crucial to demonstrate that the accusations are unfounded or driven by ulterior motives. This might involve presenting evidence or witness testimony that counters the claims.
Insufficient Evidence
For a conviction to occur, the prosecution must present strong evidence that shows your guilt beyond a reasonable doubt. If the evidence against you is weak or lacks credibility, your lawyer can argue that there is not enough proof to support the charges.
Behavior Does Not Qualify as Child Abuse
In some instances, behavior that appears concerning may not meet the legal definition of child abuse under South Carolina law. Demonstrating that the actions in question do not constitute abuse but rather fall within acceptable parental or disciplinary practices can be an effective defense strategy.
In any situation where you’re charged with child abuse, it’s essential to consult with a knowledgeable attorney as soon as possible.
Child abuse is one of the most serious criminal offenses a person can be charged with. If you’re in this position, you need to reach out to an experienced South Carolina criminal defense lawyer as soon as possible. Our firm will help you from beginning to end, making sure you have the best chance of fighting these charges. If you need help, contact Jeffcoat Criminal Defense Lawyers to speak with a Columbia child abuse attorney.
