Daytona Beach Child Neglect Defense Lawyer
Fighting for Clients in DeLand, Daytona Beach and Throughout Central Florida
Child neglect is a serious crime that has many life-changing consequences. If you have been arrested for child neglect, it is important to understand what you have been charged with, and what consequences you could be facing.
With offices in DeLand and Daytona Beach, Thompson Law, P.A. has represented clients throughout Central Florida for over 18 years. Contact us today at (386) 280-4977!
What is Child Neglect?
Florida Statute 827 defines child neglect as the following:
- A caregiver’s failure or omission to provide a child with the care, supervision, and services necessary to maintain the child’s physical and mental health, including but not limited to items or services that a reasonable person would consider essential for the well-being of the child, or;
- A caregiver’s failure to make a reasonable effort to protect a child from abuse, neglect, or exploitation by another person.
Ultimately, child neglect is committing a crime by omission, failing to take care of a child when you are the caregiver.
Who is Considered a Caregiver?
A caregiver is a person who is responsible for the health and physical/mental well-being of a child. A caregiver does not necessarily mean “parent”, though parents certainly fall within that category.
Child Neglect v. Child Abuse
Both child neglect and child abuse are outlined in Florida Statute 827. Sometimes, in the media, it seems as though the terms are used interchangeably. What is the difference between child neglect and child abuse? The important distinction is in the action of the crime. Child abuse is an action taken against a child. Child neglect is a failure to act for the child. An example of the difference would be the following: the action of striking a child can be child abuse. Child neglect would be failing to provide food for the child. The difference between the two is in the action, or lack thereof. The two crimes also have different consequences.
Child Neglect Consequences
Child neglect is a serious crime that has life-altering consequences. A person who is charged and convicted of child neglect with great bodily harm to the child will be facing a charge of a felony in the second degree. A second-degree felony is punishable by up to fifteen years in prison and a $10,000 fine. A person who is charged with child neglect without great bodily harm to the child will be facing a charge of a felony in the third degree. A third-degree felony is punishable by up to five years in prison and a $5,000 fine.
These consequences are severe and can change your life forever. If you are charged with child neglect, you need someone on your side who has the experience to fight for you. Attorney Matthew Thompson has been practicing law for over 13 years. He has handled numerous child neglect cases, both as a criminal defense attorney and a prosecutor. He brings this knowledge to your case to craft a defense unique to what your case needs. For a free consultation with attorney Matthew Thompson, call our office today at (386) 280-4977. Your consultation can be scheduled in DeLand or Daytona Beach. Depending on your location, we make it easy and convenient for you to get the legal representation you need.
Client-Focused. RESULT-DRIVEN.
Working Closely with You To Build a Strong Case
-
Charges Reduced Aggravated Battery on Law Enforcement Officer
Attorney Thompson provided the State with an extensive mitigation packet outlining the Defendant’s military service record and disability based on PTSD. Defendant was offered a minor jail sanction (60) days followed by probation in lieu of a 5-year minimum prison sentence as was originally offered by the State.
-
Charges Reduced to Simple Assault Aggravated Assault with a Firearm
At the time these charges were filed, the State of Florida had a 3-year minimum mandatory for Aggravated Assault with a Firearm. Neighbors of the Client claimed that he pointed a shot gun at them and fired over their heads when they came onto his property. Police came out the following day and arrested the Client. Attorney Thompson found a CAD report where the police had investigated the crime the night of the incident and determined that there was insufficient evidence of the arrest. Attorney Thompson
-
Charges Reduced Sale and Possession of Heroin
Defendant entered a treatment facility while case was pending. Attorney Thompson provided progress reports of all of her progress during her stay to show improvement. State agreed to amend all charges to simple possession and the Defendant was sentenced into Drug Court.
-
All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
-
Deferred Prosecution Agreement Loitering and Prowling
Client became disoriented due to a medical condition and entered a car that did not belong to him, but looked just like his car. Attorney Thompson provided mitigation to the State concerning the Defendant’s medical issues and ensured the client would be offered a Deferred Prosecution Agreement by the State wherein all charges would be dismissed upon completion.
-
All Charges Dismissed Resisting an Officer Without Violence
The Client was attending a wedding and stayed in a hotel after the reception. Someone called the police regarding a noise complaint. When the police arrived, the Client would not allow the police to enter his hotel room. The police forced entry and arrested the Client for Resisting and Officer Without Violence. Attorney Thompson provided case law to the State that shows that the police officer did not have the right to enter the hotel room and arrest the Client.