Child Abuse and Neglect

It’s Not Illegal To Spank Your Child In Florida

Published on: November 4, 2021 | by Roelke Law, P.A.

Are you being investigated, or have you been arrested for child abuse for spanking or similarly disciplining your child in Florida? If so, you may be able to use Florida’s child discipline defense to get the investigation terminated or your charges reduced or dropped. Whether the defense applies to your particular situation will depend upon both the manner in which, and why, you disciplined our child.

In child abuse cases involving knowingly or willfully abusing a child without causing great bodily harm, permanent disability, or permanent disfigurement, the crime can be charged as a third degree felony, punishable by up to five years and a $1,000 fine.

Florida Statute section 827.03 (b) requires the State must prove the following elements beyond a reasonable doubt to charge you with the crime of child abuse. First, the alleged victim must be under the age of 18. Secondly, the prosecutor must prove you did one of the following acts:

intentionally inflicted physical or mental injury upon the alleged victim;
committed an intentional act that could reasonably be expected to result in physical or mental injury to the alleged victim; or
actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or mental injury to the victim.

Many people are familiar with the biblical admonition that sparing the rod spoils the child. And, following that advice, many parents spank their children as a form of punishment and discipline. Depending on the circumstances, however, spanking your child can put you at risk of being investigated for child abuse. Continue reading

Alleged New York Child Abuser Acquitted of All Charges

Published on: May 3, 2017 | by Roelke Law, P.A.

Cesar Gonzales-Mugaburu , a 60 year old foster father who had previously opened his home to scores of disabled children, was acquitted yesterday in a New York Supreme Court of endangering or sexually abusing several boys while they were in his care. The verdict followed a five week trial during which eight of Mr. Mugaburu’s accusers testified against him. Mr. Mugaburu had been denied bail and was held in jail for a year prior to his trial.

Mr. Mugaburu’s lawyer, Donald Mates, argued at trial that while Mr. Mugaburu was strict, he was not abusive. Mr. Mates cited to the fact New York City’s child welfare agency trusted Mr. Mugaburu so much that it had placed 95 boys in his care over 20 years. Mr. Mates further raised doubt about the credibility of the accusers, arguing they were coached.

The jury deliberated the 16 charges against Mr. Mugaburu for more than a week. According to the The New York Times, jurors reported struggling at times to remain impartial in the case which elicited a lot of emotion. The jury further organized the case details and created a timeline on a white board in the jury room. The jurors even debated the definition of “reasonable doubt” and requested the judge to re-read the jury instructions providing the definition. The case was very stressful for the jury, with one juror noting some of her fellow jurors fainted, became dizzy, developed stomach problems, and experienced insomnia during the trial. Continue reading

Child Abuse Cases Are Not Always As They Seem

Published on: November 13, 2015 | by Roelke Law, P.A.

This week the Times-Union reported on a couple who were arrested for allegedly abusing their 7-week old daughter only to be later exonerated. The story is a great example of why we shouldn’t jump to conclusions when such allegations initially are made. Rather, we should wait for all the evidence to come out about the matter before drawing our final conclusions.

The facts are as follows. The young couple were preparing for an outing when they noticed their 7-week old daughter wasn’t moving her arm. They took her to the hospital where an x-ray showed it was broken. Because they couldn’t satisfactorily explain the cause of the injury, the state became involved. A whole-body x-ray ordered as part of that investigation revealed the infant had numerous broken bones. And, because the parents again couldn’t offer a plausible explanation for the child’s multiple fractures, they were arrested at the hospital, handcuffed, taken to jail and later charged with felony child abuse. As bad as this is, the story actually gets worse.