Child Abuse Defense Lawyer In San Gabriel, CA

Criminal Defense Attorneys Jonathan Perliss & Sanford Perliss
Written By
Jonathon Perliss
&
Sanford Perliss

Child Abuse Charges

Facing a child abuse charge can be overwhelming and frightening. In California, accusations of harming or endangering a minor carry serious criminal penalties and can trigger investigations by Child Protective Services. Even a misunderstanding or well-intentioned discipline can be misconstrued as abuse. You need a defense team that moves swiftly to protect your rights, your family relationships, and your future.

It is crucial to consult an experienced criminal defense attorney to navigate the complexities of your case and build a strong defense strategy.

At Perliss Law Firm, we handle child abuse cases with sensitivity and diligence. We offer free, confidential consultations in English and Mandarin to discuss the charges against you and outline your defense options. Our attorneys respond quickly to subpoenas and CPS inquiries, challenge improper evidence, and negotiate for reduced or dismissed charges. Contact Perliss Law Firm today for a free consultation to safeguard your reputation.

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What Constitutes Child Abuse Under California Law?

Child abuse in California covers any act or omission that causes or threatens serious harm to a minor, and certain actions may qualify as criminal child abuse. The state defines several distinct offenses under the Penal Code, each carrying its own legal elements and potential penalties.

Understanding these definitions is crucial in these cases, as it helps in navigating the complexities of the charges and building a robust defense strategy.

Physical Abuse

Any non-accidental infliction of physical injury such as hitting, shaking or striking a child, or using excessive or unlawful restraints.

Emotional or Psychological Abuse

Verbal threats, constant criticism, intimidation or isolation that causes mental suffering or interferes with a child’s emotional development.

Neglect or Willful Cruelty

Failing to provide adequate food, shelter, medical care or supervision when legally obligated to do so, resulting in harm or risk of harm.

Child Endangerment

Exposing a child to dangerous situations or failing to protect them from known hazards, even if no physical harm has yet occurred.

Sexual Abuse

Any sexual act with a minor, including molestation, exploitation or furnishing harmful material.

Prosecutors must prove each element of the charged offense beyond a reasonable doubt. This means they must show not only that the harm occurred, but also that you acted with the required intent or reckless disregard for the child’s safety. A strong defense begins by closely examining these legal definitions and identifying any gaps in the prosecution’s evidence.

Potential Penalties for Child Abuse Convictions

Penalties for a child abuse conviction in California depend on the specific offense and whether it is charged as a misdemeanor or a felony. Convictions can lead to jail or prison time, fines, mandatory counseling, and loss of custody or visitation rights. In addition, a criminal record can affect employment, professional licensing, and immigration status.

A conviction can lead to significant penalties, including jail time.

Misdemeanor Child Abuse

A conviction can result in up to one year in county jail and fines of up to one thousand dollars. Mandatory counseling or parenting classes may also be required.

Wobbler Offenses

Certain child abuse crimes may be charged as either a misdemeanor or a felony. Prosecutors decide the charge based on factors such as the severity of the harm, your intent, and any prior convictions.

Felony Child Abuse

Felony convictions carry between two and four years in state prison for most offenses, with some aggravated cases resulting in longer sentences. Penalties can include up to six years in prison. Fines can reach ten thousand dollars or more.

Aggravating Sentencing Enhancements

Use of a weapon, great bodily injury, or a position of trust (such as a caregiver or parent) can add additional years to the base sentence.

Protective Orders and Custody Restrictions

Courts may issue restraining orders to keep you away from the child. A conviction can also lead to loss of parental rights or supervised visitation requirements.

Mandatory Reporting Consequences

If you are a mandated reporter, such as a teacher or healthcare worker, you may face additional professional sanctions for failing to report suspected abuse.

An experienced defense attorney can challenge the evidence, negotiate reductions to lesser charges, and advocate for probation or alternative sentencing programs to avoid the harshest penalties.

Common Child Abuse Charges and Classifications

Child abuse charges in California cover a range of criminal charges, each defined by statute and carrying specific legal elements. Knowing the exact classification of charges you face helps your attorney tailor the defense strategy to the prosecution’s theory of the case.

Corporal Injury to a Child (Penal Code 273d)

This charge applies when you willfully inflict physical injury on a child, such as bruises or cuts. This is a serious criminal offense. The prosecution must prove you acted with a specific intent to harm or with reckless disregard for the child’s safety.

Willful Cruelty or Neglect (Penal Code 273a)

This crime covers situations in which a caregiver’s omission or act causes physical or mental suffering. It applies whether the harm is intentional or results from gross negligence, such as leaving a child unattended in a dangerous situation.

Child Endangerment (Penal Code 270)

You can be charged if you create or permit a condition that endangers a child’s health or safety, even if no injury occurred. Examples include exposing a child to domestic violence or hazardous environments.

Lewd or Lascivious Acts with a Minor (Penal Code 288)

This felony offense involves sexual contact with a child under 14 years old. Conviction requires proof of intent to arouse or gratify sexual desire.

Commercial Sexual Exploitation (Penal Code 311.1)

This charge applies when you arrange, promote, or participate in the sexual exploitation of a minor, including child pornography offenses.

Failure to Report Child Abuse (Penal Code 11166)

Mandated reporters, such as teachers or healthcare workers, can face criminal penalties if they knowingly fail to report suspected abuse to authorities.

Each of these charges carries distinct penalties and requires a targeted defense. Your attorney will analyze police reports, medical evidence, and witness statements to identify weaknesses in the prosecution’s case and develop the strongest possible defense.

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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A Legacy of Amazing Results

CONSPIRACY & BANK ROBBERY
Not Guilty, Jury Trial
The Santa Monica branch of a major bank was robbed at gunpoint. My client worked at the bank and was charged with setting up the crime, meeting with the accomplice and teaching him how, when and where to do the robbery, and giving him the gun. My client was facing over fifteen years in prison.
DRUNK DRIVING
Not Guilty, Jury Trial
My client was prosecuted for driving with a blood-alcohol level above the legal limit. The defense maintained the police did not comply with their regulations when they administered the breath test without waiting the requisite fifteen minutes after initial detention.
KIDNAPPING-ROBBERY
Not Guilty, Jury Trial
My client was arrested while sitting in a van wearing a ski mask. There were two women tied up in the back of the van. Jewelry from the women's house was found in my client's pocket and a gun was found underneath his seat.
MURDER
Not Guilty, Jury Trial
My client was charged with first-degree murder after witnesses allegedly saw him shoot the victim. There was evidence that the victim and my client had an argument earlier that day. The defense was mistaken identity. He was facing life in prison.
PETTY THEFT/SHOPLIFTING
Not Guilty, Jury Trial
My client exited a large department store carrying a bag of stolen merchandise. He was detained by security five feet outside the store, but still inside the larger shopping mall. He claimed he panicked when he realized that his small children were missing, and he went searching for them. The children were found inside the Mall's pet shop. The prosecutor argued that my client planned the incident.
SPOUSAL ABUSE
Not Guilty, Jury Trial
My client, a police officer, was accused of pummeling his wife with his fists. The wife immediately went to the local police department to report the crime and gave a lengthy videotaped statement. My client claimed that the wife was very angry at him for what she believed was his cheating on her and she fabricated the crime.
PROSTITUTION
Not Guilty, Jury Trial
My client was charged with agreeing to a sex act with an undercover police officer. The defense was that the officer exaggerated the conversation and the client never agreed to the act.
GRAND THEFT
HUNG JURY, DISMISSED
My client was charged with first-degree murder after witnesses allegedly saw him shoot the victim. There was evidence that the victim and my client had an argument earlier that day. The defense was mistaken identity. He was facing life in prison.

Immediate Steps After an Arrest

An arrest on child abuse charges triggers a complex criminal process and often involves parallel investigations by Child Protective Services. Facing charges of this nature requires immediate and strategic action to protect your rights and improve the outcome of your case.

Seeking legal counsel immediately is crucial. Experienced criminal defense attorneys can guide you through the complexities of your case, help formulate a strong defense, and discuss potential outcomes.

First, remain calm and avoid making any statements until you have spoken with a lawyer. Anything you say to law enforcement can be used against you in court. Next, request bail promptly and prepare to present evidence of stable community ties, such as employment, family relationships, and lack of prior record, to secure release pending trial.

1
Exercise Your Right to Remain Silent

Politely inform officers you will not answer questions without an attorney present.

2
Request Legal Representation

Ask for a defense lawyer immediately and avoid discussing details with investigators or social workers.

3
Attend Your Bail Hearing

Provide proof of community stability and propose reasonable bail conditions to gain pretrial release.

4
Preserve Evidence

Gather any documentation or records related to the alleged incident, including communications, medical reports, or witness contacts.

5
Avoid Social Media

Do not post or share information about your case online, as prosecutors may use public statements as evidence.

Acting quickly on these steps helps safeguard your legal rights, maintain access to your child, and build a strong defense from the outset.

Defense Strategies in Child Abuse Cases

A strong defense against child abuse charges requires a criminal defense lawyer to carefully examine the prosecution’s evidence and assert every available legal protection. Your attorney will develop a tailored strategy based on the specific allegations, evidence and applicable law.

A strong attorney-client relationship is crucial in these cases, as it ensures that the lawyer fully understands and advocates for the unique circumstances of each client.

Challenging Alleged Injuries

Medical records and expert evaluations can be used to show that any injuries were accidental, self-inflicted or caused by a preexisting condition rather than intentional abuse.

Disputing Witness Credibility

Inconsistent statements, bias or lack of direct observation may undermine the reliability of witness testimony. Cross-examination seeks to expose these weaknesses.

Demonstrating Lawful Discipline

California law permits reasonable corrective actions. Establishing that physical contact or verbal reprimands were appropriate and intended for discipline rather than harm can negate criminal intent.

Questioning CPS Procedures

Any failure by Child Protective Services to follow statutory protocols, such as improper interviewing of minors or failure to secure true consent, can warrant suppression of collected evidence.

Highlighting Lack of Criminal Intent

Many child abuse statutes require intentional or reckless conduct. Proving that the defendant acted without malice or with a lawful purpose can defeat the mens rea element.

Presence of Aggravating Factors

 Aggravating circumstances, such as involvement of minors, use of a weapon, or organized crime activities, can lead to enhanced sentencing under California law.

Pursuing Diversion or Alternative Resolutions

In suitable cases, negotiating diversion, probation or counseling programs can avoid a felony conviction and preserve family unity.

Suppressing Inadmissible Evidence

Motions to exclude statements obtained without proper Miranda warnings or evidence gathered in violation of privacy rights help narrow the prosecution’s case.

Expert Testimony

Child psychologists, pediatricians and forensic specialists provide context on child behavior, injury causation and the reliability of statements, bolstering the defense narrative.

Combining these tactics allows an experienced defense attorney to create reasonable doubt, reduce charges, or secure alternative outcomes that protect your freedom and parental rights.

How Perliss Law Firm Can Defend You
1
Immediate Case Review

We analyze the police reports, medical records, and CPS findings to identify weaknesses and plan your defense.

2
Thorough Investigation

Our team works with private investigators to interview witnesses, review surveillance footage, and gather any exculpatory evidence.

3
Expert Coordination

We retain medical professionals, child psychologists, and forensic specialists to challenge the prosecution’s evidence and support your version of events. Having a former deputy district attorney on our team provides a strategic advantage in navigating complex legal issues.

4
Protective Motions

We file motions to suppress improperly obtained statements, dismiss charges for lack of probable cause, and exclude evidence collected in violation of your rights.

5
Strategic Negotiation

When appropriate, we negotiate with prosecutors to seek reduced charges, diversion programs, or alternative resolutions that preserve your freedom and family unity.

6
Trial Advocacy

If your case proceeds to trial, our attorneys present compelling opening statements, cross-examine witnesses effectively, and deliver persuasive closing arguments.

7
Parental Rights Advocacy

We work to maintain your custody and visitation rights throughout the criminal process, coordinating with family law specialists when necessary.

8
Bilingual Communication

Fluent in English and Mandarin, we ensure you fully understand every development and decision in your defense.

With Perliss Law Firm on your side, you gain a dedicated legal partner committed to achieving the best possible outcome and protecting your relationship with your child.

Frequently Asked Questions
Can I still see my child during the proceedings?

Yes. You can request visitation rights at your bail hearing and throughout the case. Your attorney will advocate for reasonable contact arrangements to protect your parental bond.

What happens with the CPS investigation?

Criminal defense and CPS proceedings run on separate tracks. A defense attorney can coordinate with CPS to present evidence that addresses their concerns and seek reunification services if needed. The prosecutor will review the evidence and decide on the appropriate charges based on the specifics of the case.

Will I lose my professional license?

A conviction can trigger professional discipline depending on your field. Early intervention may allow you to negotiate diversion or reduced charges that avoid automatic reporting to licensing boards.

How long does a child abuse case take?

Timelines vary with case complexity. Misdemeanor cases often resolve in 6 to 12 months, while felony trials and appeals can extend beyond 18 months. Your attorney will keep you informed at every stage.

What if the allegations are false?

False allegations often stem from misunderstandings or malicious intent. A comprehensive defense challenges evidence, discredits unreliable witnesses, and may involve expert testimony to prove your innocence. False allegations can have severe consequences, significantly impacting both your personal and professional life.

Can I refuse to answer Child Protective Services without my attorney?

Yes. You have the right to legal representation during any CPS interview. Politely inform investigators that you will only answer questions in the presence of your attorney.

What if there is no medical evidence of injury?

Lack of visible or documented injuries can weaken the prosecution’s case. Your attorney will highlight inconsistencies and question whether the alleged harm ever occurred.

How does my prior criminal record affect child abuse charges?

A prior record can influence bail decisions and sentencing, but it does not determine guilt. Your lawyer can argue for leniency or diversion based on the age and relevance of past convictions.

Can text messages and social media posts be used against me?

Yes. Prosecutors often use digital communications to establish intent or motive. Your attorney can challenge the admissibility of posts obtained without proper warrants or context.

Will completing counseling or parenting classes help my case?

Participation in court-approved programs can demonstrate good faith and responsibility. Judges and prosecutors may consider compliance when deciding on diversion, reduced charges, or sentencing.

Contact Perliss Law Firm for a Free Consultation

Facing child abuse charges in San Gabriel or surrounding counties is stressful and can affect every aspect of your life. The law offices of Perliss Law Firm offer free, confidential consultations in English and Mandarin to review your case, explain your rights, and outline a customized defense strategy. We serve clients in San Gabriel, Los Angeles County, and Riverside County.

Our experienced attorneys are equipped to address your legal needs, providing reassurance and experienced guidance through these challenging times. Contact us today for a free case evaluation to protect your freedom and reputation.

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Criminal Defense Law Firm Perliss Law Firm

Why Choose Us?

1
We are experts from both sides of the courtroom.
Former California Prosecutor Now Fighting For You.
2
Dedicated to the aggressive and zealous representation
Often able to achieve results that other lawyers cannot.
3
Generational trial law experience.
Trial lawyer of over 40 years.
4
Experienced lawyers and staff members
We have the means to help you with your criminal case, and keep your informed throughout the process

Schedule a
Free Consultation

Office Hours - Mon-Fri: 9:30am to 5pm
Legal Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. The Perliss Law Firm team is licensed to practice law in California. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
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