Punta Gorda Office Charlotte County
214 Wood Street
Punta Gorda, FL 33950
Fort Myers Office Lee County 2257 Cleveland Avenue
Fort Myers, FL 33901
Sarasota Office Sarasota County
2060 Ringling Blvd
Sarasota, FL 34237
Fax : 941-366-3568
Copyright © AIKEN, O'HALLORAN AND ASSOCIATES of SARASOTA. All Rights Reserved.
Sarasota and Manatee's Criminal Defense Attorneys
The Sarasota State Attorney’s office and local law enforcement agencies take seriously crimes involving children. Often parents and caregivers are charged with child neglect, child abuse and aggravated child abuse when children are hurt or injured as a result of neglect or intentional acts. Leaving a small child in a car unattended or leaving a gun or pistol within reach of a child can result in an arrest and prosecution if an accident occurs. When it comes to disciplining an unruly child, parents have the legal authority to spank. If the discipline result in significant injury with bruises, broken bones or scars, the State can charge a crime known as aggravated battery. If the Department of Children and Families conducts an investigation and determines that criminal conduct has occurred a referral to law enforcement will be made and often an arrest will follow. Unfortunately, sometimes children know how to “work the system” and will falsely accuse parents or teachers out of spite or often to get a step parent out of the house.
Sex Crimes and Children
Being falsely accused by a child can destroy your life. Step dads are particularly subject to being falsely accused by their stepdaughters. The child may resent the fact that her mom has someone other than her dad in her life, or may resent the step dads authority in the family and simply make up a lie to get the stepfather in trouble and out of the house. Teachers can also find themselves falsely accused. In terms of foster care, foster parents are also at risk from manipulative kids. Coaches, baby sitters and grandparents are also at risk and when a divorce or custody battle is in progress the chances of a false accusation are high. When kids at school are “educated” as to “good touch bad touch” differences, sometimes they misunderstand and simply misinterpret otherwise innocent and loving behavior. The most common sex crimes with kids occur in a family setting. Grandfathers are particularly at risk and as a sex crime lawyer I have represented men charged with a lewd act sometimes ten or fifteen years later. Defending someone charged with hurting or abusing a child requires an understanding of the family dynamics and possible motive for the child to lie or exaggerate. Our firm is committed to a search for the truth and presenting the other side of the story. The Courts, the prosecutors and jurors start off with a prejudice and want to believe a child is telling the truth. A trial lawyer representing a falsely accused defendant has to strike a balance when cross examining a child on the stand. Experience is critical, and only seasoned lawyers have the skills to successfully do this.
Contributing to the Delinquency of a Child
If a child is used in the commission of a crime, like shoplifting, or used to deliver drugs, or used in a sex offense, a separate crime can be charged. Sometimes children are used to carry or “hold” illegal objects like guns or contraband like Heroin, Cocaine, Crack or Pills. Kids are sometimes used as a “distraction” when crimes are committed. When children, alcohol and drugs are combined a delinquency charge is likely. One of the more common situations is when a parent allows a teenager to have a party with alcohol. The parent can be arrested and charged with what is called “allowing an open house party”. If a child is lured into prostitution, or used in the creation of child porn this additional charge is often included.As a father and Grandfather, Peter Aiken understands and appreciates the sensitive nature of child crime accusations. Children are human and do lie. Teenage girls sometimes have imaginations and ulterior motives and a Criminal Defense Lawyer must know how to get to the truth.
If falsely accused, Call today for a free consultation at 941 366 3506
Crimes Against Children