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
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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.
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Charges Reduced, Guidelines Waived, No Probation Failure to Register as a Career Criminal
The Client was arrested out of State for a warrant for failure to register as a career criminal. This violated his probation out of Miami-Dade County, Florida. Attorney Thompson was able to track the Client’s addresses and discovered that his landlord at the time lied to his probation officer about his renting an apartment because the landlord was not zoned to allow tenants. The State agreed to a time-served sentence for the time he spent in custody being transported to Florida.
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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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All Charges Dismissed Domestic Violence
Client was texting a friend when her significant other tried to grab for her phone. When the client tried to pull away, the victim claimed that he was battered and the client was arrested and brought before DCF due a child being in the house. Attorney Matt Thompson wrote a letter to the State explaining the discrepancy in evidence and claimed that the client was in fact moving away from the victim and did not intentionally try to hit the victim. All charges against the client were dismissed.
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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 Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.