What Types Of Defenses Can An Attorney Use If You Are Facing Charges In Riverside County Or Orange County For Infliction Of Cruel Or Inhuman Corporal Punishment On A Child (PC 273d(a))?

Posted in Domestic Violence FAQ'S on April 30, 2015

Riverside & Orange County Domestic Violence Defense Attorney For Those Arrested On Infliction Of Cruel Or Inhuman Corporal Punishment On A Child (PC 273d(a)) Charges

First and foremost, a prosecutor must prove each and every element of their case beyond a reasonable doubt to a jury.

Typically, PC 273d(a) defenses fall into one of four categories:

False Allegations: False allegations are common with Infliction of Cruel or Inhuman Corporal Punishment on a Child charges.

Sometimes the person making the false allegations does so because they are worried about their own responsibility for their own actions.

Each case is different, and false allegations can often be attacked through conflicting evidence and proper cross examination of the witness.

Accident: The prosecutor has to prove that the Infliction of Cruel or Inhuman Corporal Punishment on a Child was willful and unlawful.

True accidents therefore wouldn’t qualify.

However, before asserting an accident defense, it’s important to recognize that the accident has to be reasonable and believable to a jury.

Accident is limited as a defense also to those actions that were not intended at all.

A good example of an accident would be opening a door and the door hitting someone on the other side that you did not know was there.

An example of a case where an “accident” defense would not work is if you threw a rock in the direction of a child to scare them but not intending to hit them.

If the rock hit the child and throwing the rock caused a traumatic condition, you would be technically guilty of Infliction of Cruel or Inhuman Corporal Punishment on a Child.

The Act Did Not Actually Cause the Traumatic Condition: The prosecutor must prove that the defendant’s acts actually caused the traumatic condition. Therefore if something other than the defendant’s acts caused the traumatic condition, there may be a defense. An act “causes” a traumatic condition under PC 273d(a) if:

a. The traumatic condition was the natural and probable consequence of the act
b. The act was a direct and substantial factor in causing the traumatic condition
AND
c. The traumatic condition would not have happened without the act.

If the child’s traumatic condition was not a natural and probable consequence, or was not a direct or substantial factor in causing the traumatic condition there is a defense. A natural and probable consequence is one that a reasonable person would know is likely to happen if nothing unusual intervenes. Thus, if a reasonable person would not know that a traumatic condition could result from such actions, there may be a defense. This depends heavily on the particular facts and circumstances on your case.

A traumatic physical condition is a wound or other bodily injury, whether minor or serious, caused by the direct application of physical force.

If there was no wound or bodily injury caused by the application of force, there would also be a defense.

The Defendant was Reasonably Disciplining a Child: The prosecutor must prove that the defendant did not act while reasonably disciplining a child. Therefore if the defendant’s acts were while disciplining a child, and that discipline was reasonable, there may be a defense. However, it’s important to recognize that the discipline has to be reasonable and believable to a jury.

If you, or a family member has been arrested for Infliction of Cruel or Inhuman Corporal Punishment on a Child (PC 273d(a)) in Riverside County or Orange County, call Criminal Defense Attorney Graham Donath at (951) 667-5293