Child Abuse

If you have been charged with misdemeanor or felony child abuse, immediately contact me, former prosecutor Justin Caldarone of The Caldarone Law Group, P.A., for a free consultation to protect your liberty and good name!

Aggravated Child Abuse

To prove the crime of Aggravated Child Abuse, the State Attorney must prove the following two elements beyond a reasonable doubt:

1. The person charged:

  1. committed aggravated battery upon the alleged victim or
  2. willfully tortured the alleged victim or
  3. maliciously punished the alleged victim or
  4. willfully and unlawfully caged the alleged victim or
  5. knowingly or willfully committed child abuse upon the alleged victim and in so doing caused great bodily harm, permanent disability, or permanent disfigurement.

2. The alleged victim was under the age of 18 years.

Fla. Stat. § 827.03(2)

Child Abuse

To prove the crime of Child Abuse, the State Attorney must prove the following two elements beyond a reasonable doubt:

1. The person charged:

  1. intentionally inflicted physical or mental injury upon the alleged victim or
  2. committed an intentional act that could reasonably be expected to result in physical or mental injury to the alleged victim or
  3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or mental injury to the alleged victim.

2. The alleged victim was under the age of 18 years.

Fla. Stat. § 827.03(1)

Neglect Of A Child/With Great Bodily Harm, Permanent Disability, Or Permanent Disfigurement

To prove the crime of Neglect of a Child with [great bodily harm] [permanent disability] [permanent disfigurement], the State Attorney must prove the following four elements beyond a reasonable doubt:

1. The person charged:

  1. [willfully] [by culpable negligence] failed or omitted to provide the alleged victim with the care, supervision, and services necessary to maintain the alleged victim's physical or mental health or
  2. failed to make a reasonable effort to protect the alleged victim from abuse, neglect, or exploitation by another person.

2. In so doing, the person charged caused [great bodily harm] [permanent disability] [permanent disfigurement] to the alleged victim.

3. The person charged was a caregiver for the alleged victim.

4. The alleged victim was under the age of 18 years.

Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

Fla. Stat. § 827.03(3)(b)

Neglect Of A Child/Without Great Bodily Harm, Permanent Disability, Or Permanent Disfigurement

To prove the crime of neglect of a child, the State Attorney must prove the following three elements beyond a reasonable doubt:

1. The person charged:

  1. [willfully] [by culpable negligence] failed or omitted to provide the alleged victim with the care, supervision, and services necessary to maintain the alleged victim's physical or mental health or
  2. failed to make a reasonable effort to protect the alleged victim from abuse, neglect, or exploitation by another person.

2. The person charged was a caregiver for the alleged victim.

3. The alleged victim was under the age of 18 years.

Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death, to a child.

Fla. Stat. § 827.03(3)(c)