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Orlando Child Neglect Attorney

child neglect

The state of Florida is extremely aggressive when prosecuting individuals charged with child neglect; if you have been accused or are under investigation, it is vital that you consult with a skilled attorney immediately. At Adams & Luka, our Orlando child neglect lawyers have the experience and dedicated approach essential to achieve a good outcome for your case.

What is child neglect? Florida Statute §827.03(2)(d) defines this offense as the willful or negligent failure to provide a child with the essentials and protect the child from abuse, neglect, or exploitation. To go a bit further, you may be charged with child neglect in connection with any minor who is under the age of 18 and who you fail to:

  • Provide with supervision, care, and the essential services to maintain the child's well-being including physical and mental health; or
  • use reasonable effort to ensure the child is protected from negligent treatment, abuse, or exploitation by someone else.

This applies to those who are considered a caregiver, parent, or other household member or adult responsible for the welfare of a child.

If it is suspected that a child has been deprived of clothing, shelter, nutrition, food, medical attention, or supervision, an adult may be charged with felony child neglect. This is a serious issue, and unfortunately, something as seemingly minor as leaving a 12-year-old child at home without supervision while you run to the corner market could leave you facing prison time. This is why it is so critical that you consult with our Orlando child neglect defense attorneys immediately!

A single incident or repeated behavior may result in charges of child neglect. Any situation that could possibly result in injury or increase the risk of death to a child younger than 18 could leave you facing criminal charges.

Defenses to Charges of Child Neglect in Florida

Every person who is charged with a crime is innocent until proven guilty beyond a reasonable doubt. There is a wide array of defense strategies that may prove to be effective, depending on the details of your case. Some of the most common defenses used to protect those who have been charged with child neglect in Orlando from a conviction include:

  • The defendant was under a reasonable impression that the child was being supervised by someone else;
  • The efforts used to protect the child from neglect or abuse were reasonable;
  • The defendant was not responsible for the welfare of the child, as he/she is not a caregiver;
  • The actions of the defendant were not sufficiently negligent or flagrant, or willful'
  • The harm sustained by the child during the incident which led to charges was not reasonably foreseeable;
  • Simple neglect - simple negligence does not support a conviction for child neglect.
Penalties for Child Neglect in Orlando & Central Florida

Classified as a third degree felony offense in Florida, child neglect is assigned a severity ranking of level 6 under the state's criminal punishment code. A conviction may result in the following penalties, or any combination thereof:

  • A maximum of five (5) years in prison
  • A maximum of five (5) years probation
  • Up to $5,000 in fines

It is also important to note that those convicted of child neglect will have a criminal record which may impact current or future employment, housing, and more. Past criminal convictions may also affect punishment.

Contact Adams & Luka Today

Child neglect is a serious allegation; if found guilty, the consequences are harsh, as indicated by the above penalties. We understand there are many occasions on which someone is wrongly accused. Regardless of your innocence or guilt, the outcome may be affected by the quality of Orlando criminal defense attorney you choose. At Adams & Luka, we are committed to the best possible results and provide a vigorous, solid defense for our clients. Contact us immediately for a free consultation at (407) 872-0307 or (352) 787-2101.

Client Reviews

I would like thank my attorney Thomas Luka. I knew from the beginning I had the right guy in my corner. While celebrating with family and friends at a Public Park in Seminole County, a fight broke out among various people. Myself, and a good friend, broke up the fight and the instigators left. Six months later, I was wrongly accused as the person who started the fight. The first attorney I hired could not even get a response from the State Attorney handling the case. Someone referred me to Tom and I felt comfortable at his demeanor and reactions.

After conversations with Tom, who knew I would settle for nothing less than a FULL DISMISSAL due to my innocence, I hired him. His firm of Adams and Luka did the due diligence by interviewing witnesses and the police who were on the scene, as well as starting a dialogue with the State Attorney. After gathering statements from witnesses, Tom was able to present a strong argument on my behalf to the State Attorney on why the case should be dismissed. If the State Attorney was not willing to dismiss the case, Tom was ready to take the case to trial.

The result by Thomas Luka: Case Dismissed.

I am 53 years old with a spotless record and glad to keep it that way thanks to the time, effort, hard work, and professionalism of the Adams and Luka and Tom Luka.

Earl from Mesquite
Thomas Luka left a life-long great impression of lawyers. He was always professional, on time, and answered things honestly. From the start and during the 14 months it went on - Tom was very upfront and honest with me about the possible outcomes. The result was better than I had hoped for. Tom really over-delivered. HIGHLY RECOMMEND. Marcela Giorgi
Adams and Luka were very professional and savvy in the courtroom. When you're in court with Mr. Luka you will think you have the best attorney there. I recommend this law firm. Pioneer Tech
Rich Adams is an outstanding criminal attorney. I have had the opportunity to refer several friends and clients to his practice for handling of criminal matters, and on every occasion he has produced an excellent result. Rich practices with attention to detail, a thorough knowledge of the law, and a passion to defend his clients. I will continue to refer clients to Rich Adams, and would strongly recommend him for your legal needs. Brian Pink