Miami Child Abuse & Neglect Attorney

A call from a detective or child protective investigator can raise urgent questions about your freedom and contact with your child. If you are a parent, caregiver, or other person accused of child abuse or neglect in Miami, we can help you understand the criminal allegation and respond to the investigation.

At The Edelstein Firm, we review what happened, the care the child received, and the evidence supporting the charge. An injury alone does not answer whether a crime occurred. Attorney David Edelstein has practiced law since July 1995 and is AV Preeminent® rated.

What to Do When an Investigation Begins

If a child needs medical attention or is in danger, address that need at once. For the legal issues, keep the investigator’s name and contact information, any paperwork you receive, and each deadline. Get advice before agreeing to a voluntary police interview or giving a detailed account of events.

Follow any court order or restriction on contact. Do not ask a child to repeat a particular account, rehearse answers, or change a statement. Give counsel the names of people with relevant information so interviews can be handled properly. Avoid discussing the allegation on social media.

If you have been arrested, the first tasks include reviewing the charge, the grounds for detention, and any release conditions affecting your home or children. Counsel can assess whether a court-approved change to those conditions is available.

Criminal Charges and a DCF Case Are Separate

A report can lead to both a criminal investigation and an investigation by the Florida Department of Children and Families (DCF). A dependency case may also concern the child’s placement or a parent’s contact. These proceedings serve different purposes and use different rules; an outcome in one does not automatically resolve the other.

Information collected in a child protective investigation may also matter in a criminal case. Before signing a plan or giving a statement, seek advice about your duties and how the response could affect each proceeding. Do not ignore a safety requirement, court order, or deadline.

Our work on this page concerns criminal defense. Tell us about any DCF, dependency, or family-court matter so we can identify where separate counsel may be needed and coordinate the criminal defense with that lawyer.

What Florida Law Requires

Child abuse charges are felony offenses in Florida and are punishable by criminal and civil penalties. The specific penalties depend on the nature of the abuse and any aggravating factors. Miami child abuse & neglect attorneyFor example, if the abuse resulted in serious bodily injury to the child, the penalties may be more severe. Florida’s child abuse law distinguishes child abuse from child neglect. Child abuse includes intentionally causing physical or mental injury, committing an intentional act reasonably expected to cause such injury, or actively encouraging another person to commit an act that causes or could reasonably cause such injury. Actual injury is not required in every case.

Child neglect concerns a caregiver’s willful failure to provide essential care or failure to make a reasonable effort to protect a child from another person’s abuse, neglect, or exploitation. A caregiver includes a parent, an adult household member, or another person responsible for the child’s welfare. Neglect may involve repeated conduct or a single incident that causes, or could reasonably cause, serious physical or mental injury or a substantial risk of death.

Allowing a child to engage in independent, unsupervised activities does not itself constitute neglect unless doing so amounts to willful and wanton conduct that endangers the child’s health or safety. A criminal neglect charge requires proof of willfulness or culpable negligence; ordinary carelessness is insufficient.

In addition to facing criminal penalties if convicted, individuals who are found to have engaged in child abuse may also face civil liability for their actions.

How We Review the Evidence and Possible Defenses

The defense depends on the alleged act or failure to act. We compare the accounts with records created near the time of the event, rather than treating the first report as the complete history.

  • Medical evidence: Treatment notes, earlier injuries, test results, and photographs may help explain when and how an injury occurred. A medical expert may be needed to assess whether the findings support the claimed cause.
  • Care and supervision: Schedules, school or daycare records, instructions from treating professionals, and communications can help establish who was responsible and what that person knew.
  • Statements: We review the words used, the questions asked, and any recordings. Differences between accounts need to be tested against the other evidence.
  • Access to evidence: We examine how police obtained statements and records, including whether a search or questioning can be challenged.

Preserve original messages, photographs, and records you lawfully possess. Do not alter entries or delete material that seems unhelpful. Tell counsel where other records may be found; do not obtain them through someone else’s account or pressure a witness to provide them.

Accident, Intent, and the Caregiver’s Role

An accidental injury may be important to the defense, but calling an injury an accident does not resolve a claim of criminal neglect. We examine the conduct and the mental state required for the particular charge. For neglect, the State must also establish that the accused was a caregiver. Ordinary carelessness does not by itself establish culpable negligence.

Reasonable Physical Discipline

A parent or a person with legal custody acting in place of a parent may raise reasonable physical discipline as a defense. Whether the discipline was reasonable depends on the circumstances; physical injury alone does not rule out the defense. The conduct, reason for discipline, and surrounding facts require careful review.

The State must prove its charge beyond a reasonable doubt. The defense may challenge an unsupported allegation or show that the evidence does not establish a required element; the accused does not have to prove innocence.

Penalties for Child Abuse and Neglect

The possible penalties for a child abuse accusation in Florida depend on the nature of the alleged abuse and any aggravating factors that may be present. Criminal charges fall into four categories:

  • Aggravated child abuse: This includes committing aggravated battery on a child; willfully torturing, maliciously punishing, or willfully and unlawfully caging a child; or knowingly or willfully abusing a child and causing great bodily harm, permanent disability, or permanent disfigurement. It is a first-degree felony, ordinarily punishable by up to 30 years in prison and a $10,000 fine.
  • Child neglect causing great bodily harm, permanent disability, or permanent disfigurement: Neglect committed willfully or through culpable negligence that causes one of these injuries is a second-degree felony, ordinarily punishable by up to 15 years in prison and a $10,000 fine.
  • Child abuse without great bodily harm, permanent disability, or permanent disfigurement: Knowingly or willfully committing child abuse without causing one of these injuries is a third-degree felony, ordinarily punishable by up to five years in prison and a $5,000 fine.
  • Child neglect without great bodily harm, permanent disability, or permanent disfigurement: Neglect committed willfully or through culpable negligence without causing one of these injuries is a third-degree felony, ordinarily punishable by up to five years in prison and a $5,000 fine.

Our firm also defends related violent crime charges, including assault and battery.

These are ordinary statutory maximums, not a forecast of the sentence. A sentencing scoresheet, prior record, enhancements, and the facts proved can affect the available sentence.

Discuss the Allegation and the Next Deadline

For the first conversation, have the arrest report or investigator’s letter available if you have it. Tell us whether the child is safe, where the case stands, and whether any order limits contact. Mention pending DCF or family-court hearings and the dates they are set.

We can discuss the criminal charge, the evidence that needs prompt attention, and the next steps in the defense.

CALL US NOW for a CONFIDENTIAL CONSULTATION at (305) 538-4545, or simply take a moment to fill out our confidential and secure intake form.* The additional details you provide will greatly assist us in responding to your inquiry.

*Due to the large number of people who contact us requesting our assistance, it is strongly suggested that you take the time to provide us with specific details regarding your case by filling out our confidential and secure intake form. The additional details you provide will greatly assist us in responding to your inquiry promptly and appropriately.

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