Virginia Child Abuse DEFENSE Lawyer

If you or someone you know has been accused of mistreating a child, don’t worry, as an experienced Virginia child abuse defense lawyer, I have defended clients in their criminal cases and fought for their legal rights.

read below how we fight criminal child abuse cases in court

What are the Laws for Abuse of a Child in Virginia?

According to the Virginia Code Section 18.2-371.1, it’s considered child abuse for any parent, guardian, or any other person responsible for the care of the child, fails to act in a way that causes serious injuries to the child.

The serious injuries as per the code include but are not limited to :

• Mutilation;
• Forcing a child to ingest a dangerous substance;
• Severe burns or cuts;
• Fractures;
• Maiming;
• Disfigurement; and
• Internal injuries are life-threatening

What Constitutes Abuse and Neglect?

This is a general term for acts that inflict or threaten to inflict injury to a child that may increase a child’s risk of death. This offense occurs when a child is under parental or guardianship care.

Every state has different laws regarding what constitutes abuse. However, the following are types of behaviors, in general, that would be considered as abuse and neglect in Virginia:

• Threatening to kill or severely harm your child.
• Using excessive physical restraint as a means to control your child’s behavior.
• Extended periods of isolation.
• Allowing the child to participate in illegal activities. 
• Exposing the child to alcohol or other drugs in the womb.

• Driving under influence of alcohol or drugs with children. 
• Engaging your child in sexual activity of any kind or knowingly allowing them to be sexually harmed. 
• Exposing or involving your child in the production of pornographic materials. This also includes engaging in sexual activity in your child’s presence. 
• Abandoning your child. 
• Taking intentional actions that may pose a threat to your children well being or may result in significant physical or emotional harm. 
• Allowing your child to be a target of domestic violence.

Protective Order Issued for Child Abuse cases in Virginia

• 16.1-253 of the Virginia Code, states that a Virginia court can grant a preliminary protective order based upon its motion or a motion filed by someone else.
• This court order helps protect the child’s life, safety, and health till you await the final judgment in your case.
• The preliminary order will require the accused to maintain some behavior conditions for some time. The requirements of a preliminary order can be any of the following: 
• To abstain from engaging in any offensive conduct (abuse or neglect) against the child’s family,
• To refrain from being in contact with the child or any member of the child’s family,
• To allow any party ordered by the Virginia court to inspect your home’s fitness for the child and to check, etc.

What are the Penalties for Abuse and Neglect of a Child?

Being accused of abusing a child can have serious consequences. In the Commonwealth of Virginia, child abuse is a Class 4 felony.

Anyone accused of child abuse can expect to face a prison sentence of two years to ten years and a fine not exceeding $100,000. 

If accused of recklessly disregarding your child’s life, you are guilty of a Class 6 felony under the Virginia Code. Class 6 felonies usually attract a prison sentence ranging from one year to five years.

Moreover, the accused may also have to pay fines that won’t be exceeding $2,500.

What are the Penalties for Failure to Report Child Abuse?

In Virginia, certain people who, in their professional capacity, have reasons to suspect that a child was abused or neglected are required by law to report it.

The mandatory reporters listed in §63.2-1509 of the Virginia Code include doctors, mental health professionals, teachers, government workers, religious officials, probation officers, police officers, etc.

According to the law, failure to report within 24 hours of having any suspicion or reason to believe a child has been abused or neglected can have consequences.

Such a person, failing to report to the authorities, will be fined $500 for the first time. For any subsequent failures, the fines will increase to $1000.
Moreover, in cases involving sexual penetration or rape, the accused will be guilty of a Class 1 misdemeanor.

Why Should you Hire an Experienced Virginia Child Abuse Defense Lawyer?

Child abuse charges in Virginia can result in lengthy prison sentences, loss of employment of future possible job prospects as well as ruin your reputation.

With so much at stake, it’s encouraged to immediately consult with a skilled Virginia Child Abuse Defense Lawyer who can go over the case with you and fight for you in court. 

The attorneys here at the American Lawyers group have years of experience handling thousands of cases by providing strong and effective legal representation.

Contact us today so we can help you navigate the legal obstacles that come your way and prepare for the best possible outcomes.