West Palm Beach Child Abuse Defense Lawyer

A West Palm Beach child abuse defense lawyer defends parents, caregivers and others accused of abuse or neglect under Florida Statute 827.03. Michael T. Rabideau has practiced criminal defense in Florida since 1999 and is admitted to all Florida state courts. These cases often start with a hotline call, not a police report. A DCF investigation and a criminal case can then run side by side. What you say in the first few days can shape both. Here is how the law works, what the State must prove, and how we build a defense.

What Is Child Abuse Under Florida Statute 827.03?

Florida defines child abuse in section 827.03. It covers three things. The first is intentionally causing a child physical or mental injury. The second is an intentional act that could reasonably be expected to cause that injury. The third is actively encouraging someone else to do either. “Mental injury” means a real, substantial impairment, and it must be supported by expert testimony. Aggravated child abuse is more serious. It includes aggravated battery on a child, willful torture, malicious punishment, and abuse that causes great bodily harm, permanent disability or disfigurement.

Neglect is a separate offense. It means a caregiver’s willful or culpably negligent failure to provide the care, supervision or services a child needs. One incident can be enough.

Child Abuse and Child Neglect Charges and Penalties

The prison terms and fines are set by statute. The consequences go past the sentence. A judge can order no contact with the child, which can keep a parent out of the home. A child abuse or aggravated child abuse conviction cannot be sealed or expunged, even if adjudication is withheld.

Defenses an Aggravated Child Abuse Lawyer Will Look At

The right defense depends on the evidence. These issues come up often:

• Reasonable discipline. Under section 39.01, corporal discipline by a parent is not abuse by itself when it causes no harm.
• Accidental injury, supported by medical records or an independent medical expert.
• False or coached allegations, which can surface during a divorce or custody dispute.
• Unreliable child interviews or hearsay statements, challenged under section 90.803(23).
• No willful act or culpable negligence in a neglect case.
• An injury that does not meet the legal definition of great bodily harm, which can reduce an aggravated charge.

We review the Child Protection Team report, medical records, recorded interviews and body camera footage early, before memories fade and records are lost.

What Happens After a Child Abuse Report in Palm Beach County

Most cases begin with a report to the Florida Abuse Hotline. Teachers, doctors and other professionals are required to report suspected abuse. A DCF child protective investigator and law enforcement may then open parallel investigations. The child may be examined and interviewed by a Child Protection Team. If there is an arrest, a judge sets release conditions at first appearance, often including no contact with the child. The State Attorney then decides what to file. You have the right to talk to a lawyer before answering questions from detectives or DCF.

West Palm Beach Child Abuse Defense Lawyer Serving Palm Beach County

Child abuse and neglect cases are felonies. They are heard in circuit court in the 15th Judicial Circuit, usually at the Palm Beach County Main Courthouse in downtown West Palm Beach. Michael Rabideau represents clients across the county, including Wellington, Boca Raton, Jupiter, Lake Worth Beach and Delray Beach. These accusations often overlap with other charges. We also defend domestic violence, assault and battery and sex crime cases, as well as juvenile charges. See all criminal defense services.

Frequently Asked Questions

Is spanking a child considered child abuse in Florida?

No, not by itself. Florida law says corporal discipline by a parent is not abuse when it does not harm the child. Discipline that leaves an injury can still lead to a charge. The details of what happened matter a great deal.

Can child abuse charges be dropped in Palm Beach County?

Yes, it happens. The State Attorney decides whether to file or drop charges, not the child or the other parent. Charges may be dropped or reduced when a medical expert disagrees with the State, or when key statements are excluded. Early defense work gives you the best chance at that result.

Do I need a child abuse defense attorney if DCF is only investigating?

Yes. A DCF investigation can lead to a criminal referral, and what you say to an investigator can be used later. A lawyer can prepare you before any interview. That protects you in the DCF case and in any criminal case that follows.

Accused of Child Abuse or Neglect? Talk to Michael Rabideau

A child abuse accusation can affect your freedom, your job and your family all at once. A West Palm Beach child abuse defense lawyer can step in before you talk to detectives or DCF. Michael Rabideau will review the evidence, explain your options and tell you honestly where you stand. Consultations are free and confidential.

Call (561) 820-4848 or schedule a free consultation. Affordable payment plans are available, with offices in West Palm Beach, Wellington, and Boca Raton.