If you’ve been accused of child abuse or neglect, knowing the available legal defenses can be essential in easing the overwhelming feeling. These accusations can have a major impact on your freedom, reputation, and family relationships. You need a knowledgeable team of child abuse & neglect lawyers on your side.
If you’re facing child abuse or neglect charges, call Combs Waterkotte right now at (314) 900-HELP or reach out online for a confidential case review where you can discuss the details of your case with one of our expert criminal defense attorneys.
Hiring an experienced child abuse & neglect lawyer protects your rights and future. The Combs Waterkotte legal team has over 40 years of experience and has successfully handled more than 10,000 cases just like yours. Our skilled attorneys will evaluate every angle of your case to determine the best defense specifically tailored to the circumstances of your situation.
What Defenses are Available for Child Abuse or Neglect Charges?
What constitutes child abuse and neglect is legally defined in Missouri Revised Statute § 210.110. Here’s an overview of some effective defenses that the experienced Combs Waterkotte child abuse & neglect lawyers might use to challenge these charges:
1. Lack of Evidence
The prosecution must prove the charges beyond a reasonable doubt for a conviction in child abuse or neglect cases. Frequently, these cases rely on circumstantial evidence, particularly when there are no eyewitnesses or physical evidence. A skilled criminal defense lawyer can question the reliability of medical reports, witness statements, any documents, and scrutinize the evidence for weaknesses. This can be an especially powerful defense if the prosecution’s evidence is insufficient or unsubstantiated.
2. False Allegations
One of the most common defenses in child abuse cases is that the allegation is based on false accusations. One parent might falsely accuse the other of abuse to gain leverage in family conflicts like divorce or custody battles. An experienced child abuse & neglect lawyer can interview witnesses, gather evidence, and highlight inconsistencies to demonstrate that the accusation is unfounded.
3. Reasonable Discipline
Under RSMo. § 568.060, parents are allowed to discipline their children, as long as the discipline is reasonable and does not result in significant harm. In some cases, physical discipline, like spanking, is legal if it’s within the bounds of reasonableness. If your defense attorney shows that you were exercising lawful parental discipline without crossing into abuse, the charges could be dropped.
4. Injury Was Accidental
Not all injuries that a child suffers are a direct result of abuse. Kids can get hurt in a variety of ways, and an injury could be the result of an accident rather than intentional physical harm. An injury from an accidental trip or fall while playing, for example, might be mistaken for abuse. Your child abuse & neglect lawyer can present expert testimony, medical evidence, and other documentation to show that the injury was an accident.
5. Improper Investigation Procedures
In Missouri, agencies like the Department of Social Services’ Children’s Division are responsible for investigating child abuse cases. If investigators fail to follow protocols, it could impact the reliability of any of their findings. Disregarding witness accounts, failing to document key details properly, or not interviewing the child properly are a few examples of an unreliable investigation. Your defense attorney might argue that procedural flaws led to incorrect conclusions, possibly weakening the prosecutor’s case.
6. Mistaken Identity or Involvement
There are situations where a family member or caregiver may be wrongfully accused of abuse due to mistaken identity, particularly in cases where there are multiple caregivers. If numerous adults are responsible for the child, for example, it may be unclear who, if anyone, is responsible for an alleged act. A Combs Waterkotte child abuse & neglect lawyer can build a defense strategy based on alibis, timelines, and witness testimony to establish that you were not involved in any abuse.
7. Consent or Religious Beliefs in Medical Cases
Missouri law has specific provisions for scenarios where a parent refuses medical treatment or medication for their child because of religious beliefs. This defense could be applied if the child’s health is compromised due to lack of treatment based on legitimitate religious beliefs.
8. Mental Health Defense
In certain cases, a defense based on mental health issues might be applicable, especially if you have a documented mental health condition that could affect your actions or intent. A defense lawyer may bring in mental health professionals to assess the accused and provide testimony. If the court recognizes the impact of the mental health condition, it may lead to reduced charges or sentencing, or diversion programs – focusing on treatment rather than punishment.
Call Combs Waterkotte Now to Learn What Defenses are Available for Your Child Abuse or Neglect Charge
Defending against child abuse or neglect charges calls for a comprehensive approach that considers all possible defenses, from factual inaccuracies to procedural errors and beyond. A Combs Waterkotte child abuse & neglect lawyer can go through the defense strategies with you during a free consultation.
Give Combs Waterkotte a call as soon as possible at (314) 900-HELP or contact us online.
