Child Abandonment and Neglect
(a) Any person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and upon conviction thereof shall be punished by imprisonment in the state prison for two, three, or four years, or in a county jail for not more than one year, or by a fine of up to six thousand dollars ($6,000), or by both that fine and imprisonment.
(b) Subdivision (a) shall apply if the victim is or was one or more of the following:
(1) The offender’s spouse or former spouse.
(2) The offender’s cohabitant or former cohabitant.
(3) The offender’s fiancé or fiancée, or someone with whom the offender has, or previously had, an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243.
(4) The mother or father of the offender’s child.
© Holding oneself out to be the spouse of the person with whom one is cohabiting is not necessary to constitute cohabitation as the term is used in this section.
A “traumatic condition” means a condition of the body, such as a wound, or external or internal injury, including, but not limited to, injury as a result of strangulation or suffocation, whether of a minor or serious nature, caused by a physical force. For purposes of this section, “strangulation” and “suffocation” include impeding the normal breathing or circulation of the blood of a person by applying pressure on the throat or neck.
(Amended by Stats. 2022, Ch. 197, Sec. 13. (SB 1493) Effective January 1, 2023.)
Like for any crime, defenses are available to defendants charged with child abandonment and neglect. Such defenses include: the defendant did not commit a willful act, or there is a legal justification or excuse for the act, or the defendant was falsely accused of committing this type of crime.
Any defendant is entitled to a strong and vigorous defense. Our Criminal Defense Lawyers have decades of experience in defending any criminal conduct. We represent clients in San Diego, San Diego North County, Orange, Anaheim and Los Angeles areas.
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In light of the current pandemic, apart from an evident health crisis, our nation’s immigration system took a huge toll. The affect is not just limited to the immigration law and practice but also extended to the immigration policies. The pandemic impacted the speed of the immigration proceedings. Whether you are an undocumented worker on the Pandemic’s Front Lines or a refugee. Whether you are located in San Diego, Los Angeles or anywhere else in the United States. Whether you need to apply for Asylum, Withholding of removal or Convention against torture. We can offer you guidance based on our wide range of expertise in the immigration field.
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