California Child Abuse Laws – Penal Code 273d

This is a situation where someone inflicts corporal injury on a child.  Usually, I see these cases where parents become angry with their children and physically beat them as part of their punishment. The Jury Instruction used in these cases is CALCRIM 823, which says that every person who willfully inflicts upon any child any cruel or inhumane corporal punishment or injury resulting in a traumatic condition is guilty of a violation of Penal Code Section 273d.

It defines a traumatic condition as a condition of the body, such as a wound or external or internal injury, whether of a minor or severe nature, caused by physical force.  Then, it talks about corporal punishment as that administered to the body. To prove this crime, each of the following elements must be established: 

  • (1) a person willfully inflicted cruel punishment or injury upon the body of a child; and
  • (2) the infliction of that punishment or injury resulted in a traumatic condition.

So, if you zero in on this sanction, it's pretty murky as to what if a parent becomes angry and spanks their child.  Probably the authorities are not going to get involved with a case like that as long as there's no physical injury. Still, I see these cases where a child is punished, and they go to school, and there's some mark on them, or they tell the school authorities that their parents beat them.

Suppose the school authorities can see anything visible or the child is complaining of severe pain or injury. In that case, they'll call the police, and now you've got a whole police investigation going on.

Factors Considered by Prosecutors on Filing Criminal Case

How it's going to be decided whether or not a criminal case will be filed will be determined by the prosecutors because they're lawyers.  They know the case law here, and if you listened carefully or read carefully about this child beating Section 273d, you don't even have to be the parent of the child to be charged with this.

If you are the parent of the child and you attack a child physically, and there's some traumatic condition — if they can see some injury — even if it's a minor injury — you can be charged under this particular Section.

This is a sobering reality for parents who resort to physical discipline. If the authorities intervene, you could face criminal charges.  The potential consequences are not just legal-you could also face a protective order that separates you from your child. The severity of the injury, no matter how minor, could lead to serious repercussions.

So now, you may be ordered to stay away from your child for some time while you are punished, get parenting classes, and even sometimes have to go to jail depending on how badly the child was injured — how badly the beating was administered to the child.

If you find yourself in such a situation, it's crucial to seek legal advice immediately. Child Services may become involved, conducting home visits and interviews. It's easy to say something that could incriminate you, making legal representation essential.

This puts you in a challenging position because, on the one hand, you want to talk to them and cooperate with them so you can have your parental rights, but on the other hand, if they're going to pass that information along to the police, that puts you in a challenging position.

Reviewing Defense Strategy with Criminal Lawyer

This is where an attorney needs to get involved and get a strategy together to help protect your rights, interests, freedom, and, of course, your future with your child. Being charged with the abuse of a child is a serious and challenging problem that requires the assistance of an experienced and well-informed criminal defense lawyer. In a jury trial, the jury generally favors the child, and that is why it is essential to retain the services of an aggressive, intelligent, persuasive child abuse defense attorney.

We have the necessary knowledge, skill, and strategy to represent you in a child abuse case effectively. In a child abuse case, it is vital to act quickly and intervene at the early stages of the process. Child abuse is defined by California Penal Code Section 273d, which makes it a punishable crime to inflict corporal injury or punishment on a child. This does not include spanking due to a parent's right to discipline their child as they see fit.

The crime is a wobbler, meaning that it may be charged as either a felony or misdemeanor, depending on the severity of the abuse and other surrounding circumstances such as priors and criminal history. If prosecuted as a misdemeanor, the maximum sentence is one year in county jail and a $6,000 fine. If charged as a felony, it carries a California State Prison sentence of two, four, or six years and the same maximum fine.

If you're facing charges for disciplining your child, don't lose hope.  Reach out for legal help.  We can review your case in detail and work towards the best possible outcome. As your legal representative, we will assert any applicable defenses on your behalf and fight aggressively to secure the best results.