California Penal Code Section 273
Are you facing Orange County Domestic Violence charges? We are here to help you understand what your options are. We at MacGregor & Collins, LLP have a combined 30 years of OC Domestic Violence Criminal Defense experience and we are ready to serve you in your time of need.
Orange County Domestic Violence against a child occurs when a person commits an act of battery against the child or allows harm to come to a child through either an intentional act or by negligent failure to act
- A child, either by committing battery against your own child or the child of someone with whom you have been espoused or cohabitated (CPC 273.5), or by allowing harm to come to a child through either an intentional act or by negligent failure to act. CPC 273a
Penal Code 273a
In order to prosecute for OC child abuse charges, the prosecution must prove the following:
- 1. The accused caused or allowed a child to be harmed (physically or mentally), either by:
- intentionally inflicting or causing or permitting physical pain or mental suffering to a child, or
- while having custody of a child, causing or allowing the child's injury or endangerment
- 2. The accused acted in a way that was likely to produce great harm or death
- 3. The accused acted negligently at the time of the offense, and
- 4. The accused was not reasonably disciplining the child.
Defendant's facing OC Child Abuse charges for Penal Code 273a may face the following punishments:
In the case of child abuse misdemeanor, imprisonment in county jail for up to a year 273a(a)
Those facing felony child abuse charges can be sentenced to:
- Imprisonment in state prison for two, four, or six years
- Minimum probation of 48 months
- Participation in and completion of at least one year of child abuser's treatment counseling program, and payment of fees due to the counseling program.
- Abstinence from use of drugs or alcohol during probation and subjection to random drug tests, if the offense occurred while the accused was under the influence of such substances
273ab. (a) If the child was under the age of 8 at the time of the incident and the offense resulted in the child's death, the accused faces imprisonment in state prison for 25 years to life.
(b) If the child was under the age of 8 and the offense resulted in the child becoming comatose or permanently paralyzed, the accused would face imprisonment in state prison for life with possibility of parole.
We can help you through this difficult time. Call MacGregor and Collins today at 949-250-6097 for the best legal defense in your Orange County Child Abuse case.
