From Spock to Dr. There are almost as many opinions on child rearing as there are parents, and for many the topic of corporal punishment is a central feature. Sometimes spanking is portrayed as an important part of child discipline.
But others view it as a major no-no with a multitude of psychological repercussions. If you are a parent, it is probably obvious that any of these actions crosses the line from reasonable punishment to abuse.
So where does spanking fall? Generally speaking, if you spank your child it is not child abuse. However, there are caveats which you should understand. Spanking your child with an object other than your hand is also legal, but it must not be excessive in relation to the circumstances which led to the punishment. In the past, courts have looked to specific circumstances leading to spanking in order to determine whether the punishment was reasonable. A California Circuit Court of Appeals recently ruled under the specific facts of the case before it that the act of spanking with a wooden spoon, even though it left bruises, was not a form of child abuse.
A violation of California Penal Code d is a wobbler offense, meaning you could be charged with either a misdemeanor or a felony. This will depend on the circumstances of the case as well as your prior criminal history. Along with these penalties, a child abuse conviction carries a negative stigma that can make re-entering society difficult once you are released from jail or prison.
This is why it is vital that you speak to an experienced attorney if you are facing charges of child abuse. Let us help you now. We will be there when you call. Paul Wallin is one of the most highly respected attorneys in Southern California.
