Child Abuse & Neglect Attorney in Alabama
More than 4.2 million children under the age of 18 lived in Alabama in 2021. More than 256,000 of them were investigated for being victims of alleged child abuse or neglect. Of those, more than 27,000 children, or 10% of those allegations, were proven to be victims of maltreatment.
It is a tragedy that children fall victim to abuse and neglect. Adults accused of such acts face severe legal penalties. Moreover, whether they are guilty or not, whether they are convicted or not, the allegations alone can devastate their lives.
Yancey Burnett believes that everyone deserves the best criminal defense in child abuse and neglect cases, regardless of innocence or guilt. He believed this as a public defender, and he believes it as a private criminal defense attorney. In these types of cases, the accused are often socially convicted before the evidence is even heard at trial.
If you are being investigated or have been arrested for charges of child abuse or neglect in Baldwin County or Mobile County, Alabama, including nearby communities across Coastal Alabama, Burnett Law Firm can help.
If You’ve Been Accused
What Constitutes Child Abuse & Neglect in Alabama?
Abuse and neglect are felony offenses under Alabama law. Although they usually occur at the same time, each is distinct by definition.
Child abuse is intentionally inflicting or threatening to inflict physical, emotional, or sexual harm and injury on a minor. Neglect is a failure to provide the care, supervision, or services a child needs for their physical or mental well-being. Abuse is an act, while neglect is inaction when action is necessary.
Examples of physical child abuse include acts that leave bruising, burns, fractures, cuts, and wounds on a child. This may occur randomly or while disciplining a child.
The dynamic of emotional abuse is not about physical harm but rather doing things that cause a child mental anguish, usually resulting in low self-esteem, depression, and withdrawal. Emotional abuse may be inflicted by yelling at a child, demeaning them, bullying them, ridiculing them, or withholding affection.
Child neglect is common. It comprises such inaction as not providing adequate food, water, personal care, and attention. It may involve leaving children unsupervised or leaving one child to supervise others when that child is incapable of such supervision.
What Is the Role of Child Protective Services in Alabama?
Child Protective Services (CPS) in Alabama operates under the Alabama Department of Human Resources (DHR). It operates the state’s child abuse hotline and investigates allegations of child abuse and neglect. DHR has an obligation to investigate reports of suspected abuse, even if the allegations are later determined to be unfounded.
DHR may speak with children without parental permission or presence when necessary for child safety, and can remove children from a home to protect them from potential abuse or neglect, even if allegations have not yet been proven.
Anything you say to DHR can be used against you, just as statements to law enforcement can. This is why you should refuse to answer questions until you are represented by a criminal defense attorney like Yancey Burnett.
DHR may also ask parents to follow certain requirements in a child safety plan. Although such plans are not ordered by a court and are not independently enforceable, DHR can report a lack of adherence to the court as evidence to be used in a criminal case or in removal proceedings.
What Are the Penalties for a Child Abuse or Neglect Conviction?
As third-degree felonies, penalties for child abuse or neglect convictions may include up to five years in prison and up to $5,000 in fines.
Aggravated child abuse is a first-degree felony, punishable by up to 30 years in prison, 30 years of probation, and up to $10,000 in fines. Aggravated charges involve disfigurement, disabling, or causing permanent injury; caging of a child, malicious punishment, or willful torture; or aggravated battery.
If convicted, you may also pay other heavy prices, such as:
losing custody and visitation of your child;
being barred from certain types of employment and education; and,
destroying personal and professional relationships.
The Difference Between Possession and Carrying
Possession of a firearm refers to having it in one’s control or custody, such as storing it in a safe or keeping it in a desk drawer at home. Possession can be legal or illegal, depending on the circumstances, such as whether the individual is legally permitted to possess firearms.
On the other hand, carrying a firearm generally refers to physically carrying a firearm, such as in a holster or concealed in a purse or backpack. Carrying a firearm in public can be legal or illegal, depending on various factors, such as whether the individual has a concealed carry permit or whether the firearm is carried in a manner prohibited by law.
What Are the Possible Defenses Against Child Abuse or Neglect Charges?
Defenses used in a case of course depend on the circumstances of the alleged incidents. However, some common defenses include the following:
wrongful accusation
a lack of intent to harm the child
injury by accident
the right of a parent to discipline their child
insufficient evidence to support the charges
and more
Child Abuse & Neglect Attorney Serving Alabama
Don’t make the mistake of believing that, because you are innocent of the allegations, you will not be convicted or judged harshly. If you have been accused of an offense, you need knowledgeable, aggressive, and seasoned criminal defense. Attorney Yancey Burnett at Burnett Law Firm can provide this for you. Don’t delay. Call Burnett Law Firm in Spanish Fort, Alabama, serving clients across Baldwin County and Mobile County, for support.