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 wellbeing 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 wellbeing 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 }. 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
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All Charges Dismissed Child Abuse Battery
The Client was entangled in a contentious divorce where her ex-husband used the criminal legal system to try to gain leverage against the Client in the family law courts. Attorney Thompson was able to provide documentation, witness statements, and a certificate of completion of a parenting class to get all charges dismissed against the client.
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All Charges Reduced Aggravated Battery
Attorney Thompson conducted depositions on the alleged victim and third-party witness. Attorney Thompson was able to show that the victim was harassing the Defendant and was not being truthful to the police. Attorney Thompson filed Order to Show Cause against the third-party witness for avoiding subpoena for depositions.
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Charge Reduced Felony Child Abuse
Attorney Thompson took over for the Defendant’s prior attorney who was unable to obtain an offer of anything other than a felony conviction. Attorney Thompson prepared a sworn Motion to Dismiss and was offered a misdemeanor with no probation or jail.
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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.
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All Charges Dismissed Domestic Battery
Defendant was trapped inside car where her boyfriend was acting aggressive. Defendant had to take legal action against the victim to remove him from vehicle. Attorney Thompson sent letter to State early in the case to outline defenses and mitigation and all charges were dismissed prior to filing.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.