Daytona Beach Child Neglect Defense Lawyer
Fighting for Clients In Deland, Daytona Beach and Throughout Central Florida
Child neglect is a serious crime that has many life changing consequences. If you have been arrested for child neglect, it is important to understand what you have been charged with, and what consequences you could be facing.
With offices in Deland and Daytona Beach, Thompson Law, P.A. has represented clients throughout Central Florida for over 18 years. Contact us today at (386) 280-4977!
What is Child Neglect?
Florida statute 827 defines child neglect as the following:
- 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 items or services that a reasonable person would consider essential for the wellbeing 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.
Ultimately, Child Neglect is committing a crime by omission. Failing to take care of a child when you are the caregiver.
Who is Considered a Caregiver?
A caregiver is a person who is responsible for the health and physical/mental wellbeing of a child. A caregiver does not necessarily mean “parent”, though parents certainly fall within that category.
Child Neglect v. Child Abuse
Both child neglect and child abuse are outlined in Florida Statute 827. Sometimes, in the media, it seems as though the terms are used interchangeably. What is the difference between child neglect and child abuse? The important distinction is in the action of the crime. Child abuse is an action taken against a child. Child neglect is a failure to act for the child. An example of the difference would be the following: the action of striking a child can be child abuse. Child neglect would be failing to provide food for the child. The difference between the two is in the action, or lack thereof. The two crimes also have different consequences.
Child Neglect Consequences
Child neglect is a serious crime, that has life altering consequences. A person who is charged and convicted of child neglect with great bodily harm to the child, will be facing a charge of a felony in the second degree. A second degree felony is punishable by up to fifteen years in prison, and a $10,000 fine. A person who is charged with child neglect without great bodily harm to the child, will be facing a charge of a felony in the third degree. A third degree felony is punishable by up to five years in prison and a $5,000 fine.
These consequences are severe and can change your life forever. If you are charged with child neglect, you need someone on your side who has the experience to fight for you. Attorney Matthew Thompson has been practicing law for over 13 years. He has handled numerous child neglect cases, both as a criminal defense attorney and a prosecutor. He brings this knowledge to your case to craft a defense unique to what your case needs. For a free consultation with attorney Matthew Thompson, call our office today at }. Your consultation can be scheduled in DeLand or Daytona Beach, depending on your location, we make it easy and convenient for you to get the legal representation you need.
Our Settlements & Verdicts
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No Criminal Charges Filed Public Assistance Fraud
Attorney Thompson and Client reviewed case and met with Department of Revenue investigators to explain the discrepancy. In doing so, the State determined that they would not seek criminal charges, but offered a repayment plan through non-judicial means.
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All Charges Reduced Aggravated Assault with a Firearm
Client was accused of shooting a shotgun over the head of two minors. Attorney Thompson did a public records request to discover that officers reported to the scene of the crime the night of the incident and spoke to the victims on the evening the alleged crime occurred and believed the victims to be intoxicated and unreliable. Attorney Thompson conducted depositions of the officers and ultimately all charges were reduced to a misdemeanor and no incarceration.
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All Charges Dismissed Sexual Battery & Domestic Battery
Mr. Thompson took depositions of the victim showing that the victim was not truthful with police when she provided her statement as to what happened. Confronted victim with social media posts, bank records, and telephone records to show that she was not in the places that she stated she was during the time the alleged crime took place. Case 1 was dismissed and the Defendant pled to Case 2 and received two (2) years of prison and credit for fifteen (15) months in prison.
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All Charges Dismissed Aggravated Battery on and Elderly Person
The Defendant and his wife allowed the wife’s elderly mother to come to their home and remove her personal items. During this time the mother began to yell obscenities and attacked E.B. Both parties tried to remove the mother from the home and prevent further physical violence. The mother contacted police and stated that she had been attacked. Attorney Thompson contacted the State Attorney’s Office and met with opposing counsel before charges were filed.
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All Charges Dismissed Racing on the Highway
Client was arrested after leaving a car show in a fast vehicle. Officers suspected the client of racing another vehicle and police officers pulled him over, drug him out of his vehicle, and arrested him for both racing on the highway and resisting an officer without violence. Upon review of the body camera video, Attorney Matt Thompson raised an excessive use of force complaint against the arresting officer. All charges against the client were dismissed.
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Charges Reduced Domestic Battery
Attorney Thompson provided a letter outlining defenses in case. State reviewed letter and spoke to the witnesses and offered to reduce the charges to a non-violent disorderly conduct with no jail and no probation.