Description

This section of the California Child Abuse law punishes the act of imposing cruel physical punishment or physically injuring a child. Spanking is not considered Child Abuse unless it is unreasonable or excessive. Other sections of the law punish Child Endangerment and Sexual Abuse of a Child. Examples of Child Abuse as the result of imposing cruel physical punishment would be pushing, shaking, hitting, slapping, kicking or throwing an object at a child.

What does the prosecutor have to prove?

1. Defendant willfully inflicted cruel or inhuman corporal punishment or injury upon the body of a child.
2. The infliction of this punishment or injury resulted in a traumatic condition.

Punishment

Felony: 2years/4years/6years
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?Yes
Is this charge a strike?May
Is this charge a “serious felony”May
Is this charge a “violent felony”No
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?May
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?No