Levels of Abuse
Inflicting physical or emotional harm onto a minor is known as child abuse. A child abuse charge threatens your ability to remain an active part of your child’s life. The punishment does not stop there, with a criminal conviction resulting in hefty fines and potential jail time. While undoubtedly a criminal matter, the child’s needs must also be tended to in family court, meaning that you may be seeing the inside of a courtroom far more than you wish.
If you are currently facing child abuse allegations, the first step you should take is to speak with a Greenville criminal defense attorney.
Cruelty to Children
Under South Carolina law, cruelty to children is defined as depriving a child of food or shelter or inflicting unnecessary pain on the child. The child may be under your care or custody. Cruelty to children is a misdemeanor offense, punishable by up to 30 days in jail and a $200 fine.
Unlawful Conduct Toward a Child
The next level of child abuse charges in South Carolina is unlawful conduct toward a child. Unlawful conduct toward a child is defined as either placing the child at unreasonable risk of harm, causing malicious bodily harm that endangers or is likely to endanger the child, or willfully abandoning the child. This is a felony offense, punishable by a 10-year sentence. As in a cruelty to children charge, caretakers, parents, guardians, or any individuals otherwise responsible for a child’s welfare can face this criminal charge.
Homicide by Child Abuse
According to SC Code §16-3-85, a person will be guilty of homicide by child abuse in either of the following situations:
- Causing the death of a child under the age of 11 while committing child abuse or neglect and demonstrating an extreme indifference to human life; or
- Knowingly aiding and abetting another person to commit child abuse and neglect to a child under the age of 11, with such abuse resulting in the child’s death.
Homicide by child abuse is a serious felony charge. If convicted, you could be imprisoned for as little as 10 years, but potentially for life. However, the court will take into consideration any mitigating or aggravating factors in sentencing.
Aggravating versus Mitigating Circumstances
Factors that would enhance the severity of your sentence, known as aggravating circumstances, can result in an increased time in jail. Aggravating circumstances may include if you have a past criminal history, if you used a deadly weapon, or if you fail to show any remorse for your actions. The prosecution will look for any such indicators, while our legal team will look for mitigating circumstances to potentially reduce your sentence.
In child abuse cases, mitigating factors often include having no prior criminal record, experiencing a history of abuse or neglect (especially as a child), or suffering from chronic substance abuse. These factors could help us to reach a plea deal with the State, helping you secure the most favorable resolution possible.
Reach Out to Our Greenville Criminal Defense Attorneys Today
If you have been accused of child abuse, you need a strong defense team that will advocate aggressively on your behalf. The Greenville criminal defense lawyers at Ryan Beasley Law offer both passionate and proactive representation, never leaving any stone unturned. Our team of legal professionals understands the gravity of a child abuse charge, which is why we are committed to guiding you every step of the way.
If you are interested in learning more about our services, contact our office online or by phone at (864) 756-4204 to schedule your confidential meeting with an attorney.