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"I would recommend him to anyone wanting a trustworthy, diligent, aggressive attorney that knows how to navigate the legal system and get the best possible outcome." by B.J., Past Client
"When the quality of rest of your life is at stake go with Don trust me he has literally saved my life more then once" by J. Smith, Past Client
"Without question, the best criminal defense attorney in Tallahassee." by J.P.M., Past Client
"If you are looking for top-notch legal council either locally or abroad, look no further. Don Pumphrey and his staff will fight unremittingly for your your rights!" by Jeremy C., Past Client
"I would challenge anyone to find a more experienced, knowledgeable and result oriented criminal defense attorney anywhere" by Jonathan E., Peer
"You will not find a finer, more experienced criminal attorney in Tallahassee to handle mistakes made by yourself or your student." by Kim, Parent of Past Client
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" Don Pumphrey is the best attorney in Florida." by Luke S., Past Client
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" Look no further and trust you child's case to Don Pumphrey. Please don't allow your child to settle for less. " by R.O., Parent of Past Client
"A highly proficient and credible lawyer, but one that actually cares about you, your financial circumstances, and looking for the best options available to you. " by Ryan P.
"One of the finest criminal attorney's in the big bend area" by Terry B., Past Client
""Best Lawyer in Town"" by Yohan Lange, Former Client
Allegations of child abuse should be taken seriously. But many charges are brought with little evidence, sometimes based on only the word of one other person.
Child Protective investigators with the Florida Department of Children and Families take an aggressive approach to gathering evidence and securing witness statements. False allegations are common, especially when one parent wants to secure an unfair advantage in a pending or anticipated child custody action.
In Leon County, FL, and many other counties throughout North Florida’s Big Bend area, child protective investigators and detectives will seek to prosecute the crime if any mark is left on the child from any discipline or punishment other than a swat to the buttocks.
When parents are prosecuted for acts intended to discipline the child, special care must be taken to protect the parent from an unfair and overly aggressive prosecution. Charges can also be brought against a teacher or child care provider.
Attorney for Child Abuse Defense in Tallahassee, FL
Once you learn you or a loved one is the target of a false allegation of child abuse, never speak to any law enforcement officer or child protective investigator. Instead, invoke your right to remain silent until you have spoken to an experienced criminal defense attorney.
Contact an attorney at Pumphrey Law and find out more about what you might need to do today to protect yourself and your family against a false allegation of child abuse.
Contact an attorney at Pumphrey Law and find out more about what you might need to do today to protect yourself and your family against a false allegation of child abuse.
Pumphrey Law represents men and women charged with false or exaggerated allegations of child abuse throughout Tallahassee in Leon County and the surrounding areas of North Florida including Crawfordville in Wakulla County, Monticello in Jefferson County, Quincy in Gadsden County and Bristol in Liberty County. Call (850) 681-7777 to schedule a free consultation.
Depending on the circumstances of a child abuse charge, law enforcement officials may think they have enough evidence to make an arrest. In Florida, the charges could be either misdemeanors or felonies, depending on the situation involved with the domestic violence charge.
However, proving the charge can be difficult and there are certain things that must be proved to constitute as child abuse. Under Florida Statute Section 827.03, the prosecution must be able to prove the alleged offender:
Caused mental or physical harm to a child under the age of 18
Intentionally committed an act that one could reasonably expect to cause mental or physical harm to a child under the age of 18
Encouraged or assisted another individual in the commission of an act that caused or could have caused mental or physical harm to a child under the age of 18
Child neglect, however, is different from child abuse. A person can be charged with child neglect if he or she fails to make a reasonable effort to protect a child from being abused, neglected or exploited by another person.
A person also can be charged with child neglect if he or she does not provide the child with the proper care, supervision and services that are necessary for a child’s physical and mental wellbeing. For example, if a child is malnourished or living in a filthy home, a caregiver or guardian could be charged with neglect.
Another form of child abuse can be aggravated battery. When the crime of aggravated battery constituting child abuse under Florida Statute Section 827.03 is alleged, the prosecutor must prove the following elements beyond all reasonable doubt:
The alleged offender committed a battery against the child by intentionally striking or touching the child against his or her will in a manner that caused bodily harm to the child
In committing the battery on the child, the alleged offender knowingly or intentionally caused the child to suffer permanent disability, permanent disfigurement or great bodily harm or used a deadly weapon to commit the battery against the child
Under this statute, the term “deadly weapon” includes any weapon used or threatened to use in a way likely to cause great bodily harm or death. Depending on the circumstances, a person also could face weapons charges.
In most cases, child abuse is considered a third-degree felony. For instance, if a person intentionally abuses a child without causing any serious injury, he or she can be charged with a third-degree felony. If convicted, a person could face up to five years in prison, a $5,000 fine or both.
However, child abuse charges can be upgraded to a first-degree felony, depending on the circumstances surrounding the case. If a person intentionally tortures, imprisons, abuses or maliciously punishes a child and causes serious bodily harm, permanent disability or disfigurement, he or she could be found guilty of aggravated child abuse. This is a first-degree felony that is punishable by up to 30 years in prison, a $10,000 fine or both.
Child neglect charges are a little different and so are the penalties. If a person’s child neglect does not lead to any great bodily harm, permanent disability or disfigurement, the person can be charged with a third-degree felony. This is punishable by up to 5 years behind bars, a fine of up to $5,000 or both.
If the neglect causes great bodily harm, permanent disability or disfigurement to a child, a person could be found guilty of a second-degree felony. An offense under this classification can lead to up to 15 years in prison, a $10,000 fine or both.
When the Child is Taken From the Home After a Child Abuse
When it is alleged the child has been abused, neglected or abandoned by the parents, legal guardian or legal custodians, then the child may be declared to be a “dependent child.” In fact, the child can be declared to be dependent if it is alleged that a “substantial risk” exists for the child to be the victim of abuse or neglect by the parent or legal guardian.
After the child has been removed from the home, the Department of Children and Families takes temporary custody of the child. The DCF should notify you of the initial court date. You also should verify any court dates through the Clerk of Court’s Office located at 301 S. Monroe St., Suite 100, Tallahassee, FL.
You must provide proper identification to prove you are in fact the child’s legal parent or guardian. Third parties, including grandparents, aunts or uncles, often are prevented from obtaining any information about the child from the clerk’s office.
Child Abuse Prevention from Children’s Home Society for Leon County, FL
The Children’s Home Society provides in-home marriage enrichment education and relationship skills to adoptive parents both before and after the adoption process begins to help with a smooth transition of new children into the home.
Caring Couples Program for Leon County, FL
1801 Miccosukee Commons Dr.
Tallahassee, FL 32309
850-921-0772 ext. 229
97 South Woodward Ave.
Tallahassee, FL 32306
850-644-526
Live the Life, Inc.
The Live the Life program provides relationship and parenting skills to parents and couples in Florida.
2252 Killearn Center Blvd.
Suite 1A
Tallahassee, FL 32309
850-668-3700
Volunteer to Prevent Child Abuse in Leon County, FL
Find a list of volunteer opportunities through the Big Bend areas of North Florida that help reduce incidents of child abuse and provide services to promote healthy families in our communities.
Facebook Page for North Central Division of Children’s Home Society of Florida
Stay connected with information important to criminal justice professional interested in preventing child abuse and defending those against overly aggressive prosecutions. The North Central Division of Children’s Home Society opened its office in Tallahassee in 1964 and provides services throughout the Big Bend region.
Finding a Child Abuse Defense Lawyer in Tallahassee
Facing child abuse charges can be an intimidating process. The Tallahassee criminal lawyers at Pumphrey Law can help you fight the charges and get the best possible outcome in your case. They understand the sensitive situation you are in, and they know your family is important.
Attorney Don Pumphrey, Jr. is a former prosecutor, former law enforcement officer, and a successful and experienced criminal defense attorney. Don has achieved over 100 not guilty verdicts at trial and over 2,000 dismissals.