Child Neglect Defense Lawyer

Child Neglect Defense

Neglect of a child occurs where a person willfully or with gross negligence fails to take reasonable steps to protect the welfare of a child. Neglect can relate to lack of supervision, food, clothing, shelter or medical services. Bryce Fetter is an experienced child neglect defense lawyer who has extensive experience representing clients accused of child neglect. Once hired, we will:

  1. Collect and review all written reports;
  2. Search for any evidence not disclosed by the State;
  3. Identify all possible defenses;
  4. Qualify you for a pretrial diversion program, and
  5. Do whatever is necessary to avoid a child neglect conviction.

Playground

Personalized Representation for Every Child Neglect Case

Bryce Fetter will personally handle all aspects of your child neglect case. You will be able to contact Bryce Fetter by phone, text or email at anytime with questions about your case. Your case will never be handed to a different attorney. Bryce Fetter is the only attorney that will meet with you, return your phone calls or attend court with you throughout your entire case. Your child neglect case will get Bryce Fetter’s full attention.

Defenses to a Child Neglect Charge In Orange County, Florida

There are numerous defenses available to contest a charge of child neglect. Important questions need to be asked and answered to determine the criminal responsibility, if any, of the accused. These questions include:

  • Is the Defendant a caregiver under the child neglect statute?
  • Was someone else charged with the responsibility of supervising the child?
  • Was any neglect or harm reasonably foreseeable?
  • Did the defendant use reasonable efforts to protect the child from abuse or neglect?
  • Did the incident occur as a result of an accident, mistake or miscommunication?
  • Do the acts or omission of the defendant amount to mere negligence and fall short of neglect?

Florida’s child neglect laws were not intended to criminally punish parents or other caregivers for innocent human errors and momentary lapses of supervision. Tragic accidents are inevitable, and a tragedy is not lessened by prosecuting individuals who lack the requisite criminal intent.

Child Neglect Defense Lawyer

If you were recently arrested or charged with child neglect, please call our child neglect defense lawyer in Winter Park, Florida at at 407.740.7275 to discuss your case. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

Child Neglect Defense

Neglect of a child occurs where a person willfully or with gross negligence fails to take reasonable steps to protect the welfare of a child. Neglect can relate to lack of supervision, food, clothing, shelter or medical services. Bryce Fetter is an experienced child neglect defense lawyer who has extensive experience representing clients accused of child neglect. Once hired, we will:

  1. Collect and review all written reports;
  2. Search for any evidence not disclosed by the State;
  3. Identify all possible defenses;
  4. Qualify you for a pretrial diversion program, and
  5. Do whatever is necessary to avoid a child neglect conviction.

Playground

Personalized Representation for Every Child Neglect Case

Bryce Fetter will personally handle all aspects of your child neglect case. You will be able to contact Bryce Fetter by phone, text or email at anytime with questions about your case. Your case will never be handed to a different attorney. Bryce Fetter is the only attorney that will meet with you, return your phone calls or attend court with you throughout your entire case. Your child neglect case will get Bryce Fetter’s full attention.

Defining Child Neglect Under Florida Law

In Florida, the crime of child neglect is defined in Florida Statute 827.03 as 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, food, nutrition, clothing, shelter, supervision, medicine, and medical services that a prudent 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.

Proving the Crime of Child Neglect

To prove the crime of Neglect of a Child in Florida, the prosecution must establish the following three elements beyond a reasonable doubt. The government must prove the defendant:

  1. Willfully or by culpable negligence failed or omitted to provide the alleged victim with the care, supervision, and services necessary to maintain the victim’s physical or mental health; or
  2. Failed to make a reasonable effort to protect the alleged victim from abuse, neglect, or exploitation by another person
  3. The defendant was the caregiver for the alleged victim; and
  4. The alleged victim was under 18 years of age.

Culpable negligence is defined as a failure to use reasonable care on behalf of another when such failure is gross or flagrant. The negligence must be committed with an utter disregard for the safety of others. Culpable negligence involves consciously doing an act or following a course of conduct that the defendant must have known, or reasonably should have known, was likely to cause death or great bodily harm.

Neglect of a child may be based on repeated conduct or on a single incident or omission that resulted in, or reasonably could have been expected to result in, serious physical or mental injury, or a substantial risk of death to a child. Florida law requires that the accused be a caregiver, which is defined as a parent, adult household member, or other person responsible for the child’s welfare.

Defenses to a Child Neglect Charge In Orange County, Florida

There are numerous defenses available to contest a charge of child neglect. Important questions need to be asked and answered to determine the criminal responsibility, if any, of the accused. These questions include:

  • Is the Defendant a caregiver under the child neglect statute?
  • Was someone else charged with the responsibility of supervising the child?
  • Was any neglect or harm reasonably foreseeable?
  • Did the defendant use reasonable efforts to protect the child from abuse or neglect?
  • Did the incident occur as a result of an accident, mistake or miscommunication?
  • Do the acts or omission of the defendant amount to mere negligence and fall short of neglect?

Florida’s child neglect laws were not intended to criminally punish parents or other caregivers for innocent human errors and momentary lapses of supervision. Tragic accidents are inevitable, and a tragedy is not lessened by prosecuting individuals who lack the requisite criminal intent.

Florida Child Neglect Penalties

All criminal offenses in Florida charged as Neglect of a Child are classified as felonies. Where the neglect or abuse does not result in great bodily harm or permanent disability or disfigurement, the charge is a third-degree felony, with penalties of up to 5 years in prison or 5 years probation and a $5,000 fine. Where great bodily harm occurs, the charge is a second-degree felony, punishable by up to 15 years in prison or 15 years probation and a $10,000 fine. A conviction for neglect of child may also result in a complete loss of parental rights.

Child Neglect Defense Lawyer

If you were recently arrested or charged with child neglect, please call our child neglect defense lawyer in Winter Park, Florida at 407.740.7275 to discuss your case. We offer a free consultation so that we can learn about you, learn about your case and determine how we can help.

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