Las Vegas Child Abuse and Neglect Defense Lawyers
If you or a loved one are facing criminal charges involving allegations of abuse or neglect of a child, you need a knowledgeable attorney on your side immediately. Child abuse allegations carry severe consequences that can affect your freedom and your family. The attorneys at Rosenblum Law Offices have over twenty years of combined experience defending parents against child abuse and neglect allegations.
Child abuse or criminal child endangerment are serious charges that often arise against child care professionals, such as teachers, day care workers, foster parents, and babysitters. In addition to criminal penalties, parents facing child abuse and neglect charges may also have to deal with the same allegations in family court and could face losing their children forever. A conviction at the criminal level or an adverse ruling in a family court/dependency proceedings could also result in the accused losing their ability to hold certain jobs in the school system or various licenses such as nursing.
What is Child Abuse and Neglect?
State law defines child abuse as (1) physical injury inflicted on a child by another person, (2) sexual abuse, or (3) emotional abuse. Child neglect is defined as negligent treatment which threatens the child’s health or welfare. Child abuse can also encompass the following common definitions:
- Sexual abuse
- Physical abuse
- Emotional abuse
- General neglect
- Severe neglect
Child abuse can occur in all racial, cultural, and economic lines. Issues related to child abuse and neglect can be emotionally charged for those involved. Additionally, child physical or emotional abuse claims may arise in a variety of situations and even sometimes with ulterior motives. Abuse cases are frequently complicated because of the victims’ age and are often highly contested. Anyone who has been accused of child abuse should seek a qualified child abuse attorney.
What is physical abuse of a child? Am I in trouble if I spank my child?
Physical abuse has many forms, and may be due to inappropriate or excessive physical discipline. Physical abuse includes punching, beating, kicking, and burning. Usually, parents facing child abuse charges may also face charges of assault, battery and/or domestic violence. A child that dies as a result of physical abuse may also be grounds for bringing murder charges against a parent. Corporal punishment of a child is widely accepted by our courts in Clark County; however, excessive corporal punishment or corporal punishment that results in physical injury will likely result in a child abuse charge.
What is emotional abuse?
Emotional abuse cases can be very difficult to prove in a criminal context. These cases are more often litigated by CPS in the family court. Emotional abuse in Nevada is defined as behavior that harms a child's emotional, psychological, or intellectual capacity to the point where it impairs his/her normal range of performance. Other forms of emotional abuse include constantly telling a child that he/she is worthless or not permitting him to attend school and learn. Since emotional abuse is difficult to measure and identify, it is harder to prove than physical abuse.
Can I be charged with child abuse if I am also charged with molestation?
The answer is yes - a person being charged with molestation can also be charged with child abuse. However, double jeopardy laws prohibit a defendant from being convicted of both child abuse and any of the above offenses for the same incident. Sexual child abuse can include any of the following crimes in Nevada resulting in an additional charge of child abuse:
- Lewdness with a child under 14 years old;
- Open and gross lewdness;
- Statutory rape;
- Using a child for prostitution;
- Child pornography;
- Female genitalia mutilation
Why should I hire you for my child abuse or neglect case?
Child abuse investigations are not always objective or thorough. When very small children are involved, interviewers can unknowingly or even deliberately manipulate a child’s statements. When older children are involved, the child’s behavioral or emotional problems can result in false accusations or manipulation of the investigator’s sympathy. In many cases, a child may simply tell the investigator what he or she thinks the investigator wants to hear.
Our office has been defending parents, relatives, care-givers and significant other against child abuse and neglect allegations for almost twenty years. We know how to protect you from the criminal penalties that would follow a conviction and to protect your professional and family interests. Our understanding of the CPS and child welfare investigative process can give you an advantage in defending and defeating criminal child abuse charges. If you have been accused of child abuse, it’s best to consult with a lawyer before making any statements or answering any questions. Call us today at (702) 433-2889 to discuss your case.