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 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.
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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, 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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All Charges Dismissed Domestic Battery
Client and his husband were involved in a verbal argument. The alleged victim contacted police against the claiming that he threw a glass of milk on him. Under the law, this is considered a battery. Attorney Thompson represented the Client on both the criminal case and the injunction and both were dismissed.
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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.