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Common Defenses to Child Abuse Charges in Maryland

On Behalf of | Oct 22, 2024 | Firm News

Child abuse charges in Maryland carry serious legal consequences, and individuals accused of such offenses have various potential defenses available. Here are some common defenses that may be used in these cases:

Lack of Intent:

– Arguing that the actions were not intended to harm the child. This defense can be used if the defendant’s actions were accidental or if there was no malicious intent.

Disciplinary Actions:

– Claiming that the actions were intended as reasonable discipline rather than abuse. Maryland law allows for some level of physical discipline, provided it does not cause injury.

False Allegations:

– Asserting that the accusations are unfounded or fabricated, often stemming from personal disputes, custody battles, or other motivations to harm the defendant’s reputation.

Insufficient Evidence:

– Challenging the prosecution’s evidence by demonstrating that it does not meet the burden of proof. This may involve questioning the credibility of witnesses or the reliability of expert testimony.

Mistaken Identity:

– Arguing that the defendant was incorrectly identified as the perpetrator, which can be crucial in cases involving multiple individuals.

Mental Health Issues:

– If the defendant has a mental health condition that affects their understanding of their actions, this may be presented as a mitigating factor in the case.

Cultural Practices:

– In some cases, cultural practices may be cited as a defense if the accused can demonstrate that their actions were part of a recognized cultural norm, provided it does not violate Maryland law.

Lack of Physical Evidence:

– Highlighting the absence of physical evidence that supports claims of abuse can undermine the prosecution’s case.

Defending against child abuse charges in Maryland requires a thorough understanding of the law and a strategic approach. If facing such charges, it is crucial to consult with an experienced attorney who can evaluate the specifics of the case and develop an appropriate defense strategy.

Contact Caroline Norman Frost for a free consultation now.