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Top Child Abuse Defense Attorney Jason Cromey, Esq. on:
Aggravated Child Abuse: F.S. 827.03(2)(3)

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Aggravated Child Abuse – As you probably guessed from its title, Aggravated Child Abuse is a more serious version of the crime of Child Abuse. To prove Aggravated Child Abuse, the State of Florida has to prove the defendant did one of the following:

1. the battery on a child caused serious physical injury, permanent disfigurement, or permanent disability; or the defendant used a deadly weapon to commit the abuse;
2. willfully tortured the victim;
3. maliciously punished the victim; or
4. willfully and unlawfully caged the victim.

Aggravated child abuse is a serious allegation and typically constitutes a second-degree felony in Florida, which is punishable by 15 years in state prison. It is essential to have an experienced attorney who is well-versed in medical terminology, child witness depositions, and working with defense experts to challenge the government’s accusations.

For example, the statute requires the State to prove that the child victim suffered “mental harm” by presenting expert testimony to establish that there was an injury to the intellectual or psychological capacity of the child. Therefore, for the State to move forward on a child abuse charge alleging “mental injury,” the State must use mental health experts no matter what. A criminal defense lawyer defending these charges must be familiar with the clinical terms, how to cross-examine a mental health expert, and should have some connections to local doctors who could assist in your defense.