Child Abuse and Aggravated Child Abuse Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Child Abuse (§ 827.03(2)(c))

Under instruction 16.3, the State must prove two things:

1. You knowingly or willfully abused the child by (a) intentionally inflicting physical or mental injury, (b) committing an intentional act that could reasonably be expected to result in physical or mental injury, or (c) actively encouraging another person to commit such an act.
2. The child was under 18.

Mental injury means a discernible and substantial impairment in the child's ability to function within the normal range of performance and behavior, and it must be supported by expert testimony.

Child abuse without great bodily harm, permanent disability, or permanent disfigurement is a third-degree felony (up to 5 years and a $5,000 fine).

Aggravated Child Abuse (§ 827.03(2)(a))

Under instruction 16.1, the State must prove that you did one of the following to a child under 18:

• committed an aggravated battery on the child;
• willfully tortured, maliciously punished, or willfully and unlawfully caged the child; or
• knowingly or willfully abused the child and caused great bodily harm, permanent disability, or permanent disfigurement.

"Maliciously" means wrongfully, intentionally, and without legal justification or excuse. Great bodily harm does not include mere bruises. Aggravated child abuse is a first-degree felony (up to 30 years and a $10,000 fine).

Depending on how the charge is written, the jury can consider lesser offenses such as aggravated battery or child abuse. See Assault & Battery.

Reasonable Parental Discipline

The official instructions include a parental defense: it is not a crime for a parent, or a person acting in place of a parent, to impose reasonable physical discipline on a child for misbehavior under the circumstances, even if physical injury resulted. The instructions note that the statute does not say who carries the burden on this defense, so the judge decides how the jury is told.

Expert Testimony and the DCF Case

Florida law limits who can testify as an expert. A physician must be licensed in Florida or certified as an expert witness under state law. On mental injury, a physician must also have completed a psychiatry residency or hold that certification, and a psychologist must be licensed in Florida. These rules apply to criminal child abuse and neglect cases, to dependency cases under chapter 39 (the DCF court process), and to child sexual battery cases.

How We Defend These Cases

• What caused the injury? Accidents, medical conditions, and other people's actions all need to be ruled out.
• The experts. Who examined the child, whether they qualify under the statute, and what they actually found.
• The child's statements. How, when, and by whom the child was interviewed.
• Discipline versus abuse. Whether the parental-discipline defense applies.

What to Do First

1. Do not talk to police or DCF about the incident without a lawyer.
2. Follow every release condition exactly, even if you believe it is unfair.
3. Save medical records, photos, and messages. Do not contact witnesses about the case.
4. Call us. See Bond & Nebbia Hearings and Turning Yourself In.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

See our Results page, Child Neglect, Domestic Violence, and Violent Crimes Defense.

Frequently Asked Questions

Is spanking a crime in Florida?

Reasonable physical discipline by a parent for misbehavior is not a crime, even if it causes some injury. Whether discipline was reasonable depends on the circumstances, and the jury decides.

Will there also be a DCF case?

Often there is a separate dependency investigation. The two cases follow different rules, and what you say in one can be used in the other. Talk to a lawyer first.