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Case Study: Aggravated Child Abuse Defense
How a Rare Birth Defect Was Mistaken for Child Abuse
A young father. A toddler daughter with a fractured pancreas. And a Child Protection Team doctor who immediately concluded the father had done it.
Within hours, DCF removed the child from both parents. Then, within days, prosecutors launched an aggravated child abuse investigation—a charge that carries up to 30 years in Florida state prison under F.S. 827.03. Meanwhile, the Department of Children and Families moved to terminate his parental rights. Consequently, my client faced both a criminal case and a dependency case at the same time.
Almost overnight, this man went from being a fully involved father to facing treatment as a dangerous abuser.
| What Is Aggravated Child Abuse in Florida? Under Florida Statute 827.03, aggravated child abuse occurs when a person commits aggravated battery on a child, willfully tortures a child, maliciously punishes a child, or willfully and unlawfully cages a child. It also includes knowingly or willfully abusing a child causing great bodily harm, permanent disability, or permanent disfigurement. Aggravated child abuse is a first-degree felony punishable by up to 30 years in prison. |
Why the State’s Theory Did Not Make Sense
From the start, I knew something was wrong with the state’s case. After all, there were no prior incidents. Additionally, there were no red flags in the home and no history of violence. Yet the Child Protection Team’s doctor had already made up his mind.
So I did what many attorneys fail to do: I reviewed every record—all of them. Specifically, I studied medical records from birth to the present, including specialist visits, test results, surgical notes, and radiology reports. In fact, I spent months analyzing the child’s entire medical history.
Furthermore, I retained a forensic pathologist—not just someone who could read medical records, but an expert who had testified in complex abuse cases and knew how to distinguish medical trauma from natural disease.
The Turning Point: A Congenital Condition the State Overlooked
The breakthrough came when my expert identified something the Child Protection Team doctor had missed: a congenital choledochal cyst—a rare bile duct malformation present from birth.
Our expert determined that this condition played a direct role in the child’s injury. In other words, this was not inflicted trauma. Instead, it was a medical complication that the family already knew about—but the state’s doctors had ignored it as a possible cause.
| What This Defense Required |
| First, I reviewed months of medical records—from birth to presentThen, I retained a forensic pathologist with child abuse case experienceAdditionally, I deposed nearly every treating physician across multiple Florida hospitalsMoreover, I traveled to a specialized hospital in Pennsylvania for additional recordsFinally, my expert prepared me for depositions, reviewed transcripts, and developed trial strategy |
When the State’s Own Expert Knew It Was Over
As we built our case, we uncovered something else: the state’s lead doctor was not just mistaken—his conclusions were deeply questionable.
In fact, after one particularly revealing deposition, that doctor contacted the State Attorney’s Office and told them they should hire me. Clearly, it was an odd, presumptuous move. However, it was also telling. Even their own expert recognized that I had uncovered something significant.
| RESULT: ALL CHARGES DISMISSED My client walked out no longer under threat of 30 years in prison. The aggravated child abuse charges were completely dropped. |
What This Case Taught Me
Although we won the case, my client will probably never forget what it felt like to carry the label of child abuser—to have his own daughter taken, to see every look of doubt from friends, family, and strangers who believed the worst before the facts were even clear.
That is exactly why I will always fight cases like this the way I do.
Because if we had not retained the right expert… if we had not asked the right questions… if we had stopped at the obvious… then a good father would be sitting in prison right now for something he did not do.
Frequently Asked Questions
What is the penalty for aggravated child abuse in Florida?
Under F.S. 827.03, aggravated child abuse is a first-degree felony. Consequently, a conviction can result in up to 30 years in Florida state prison.
Can medical conditions be mistaken for child abuse?
Yes, absolutely. Certain medical conditions—including bone disorders, bleeding disorders, and congenital abnormalities—can cause injuries that mimic abuse. Therefore, a forensic pathologist or medical expert can often identify these conditions and challenge the state’s theory.
What is a choledochal cyst?
A choledochal cyst is a rare congenital malformation of the bile ducts. Because it exists from birth, it can cause complications including pancreatitis and organ injury that doctors may initially misattribute to trauma.
How do I fight false child abuse accusations in Florida?
Fighting false child abuse accusations requires thorough investigation, complete review of all medical records, and typically the retention of forensic experts who can challenge the state’s conclusions. Most importantly, an experienced defense attorney must coordinate this entire process from day one.
What happens if DCF takes my child during an investigation?
When DCF removes a child, the court opens a dependency case in addition to any criminal investigation. As a result, you may face two separate legal battles—one to avoid criminal conviction and one to regain custody. Both require aggressive legal representation.
Why do I need an expert witness in a child abuse case?
Child abuse cases often hinge on medical evidence. Specifically, the state relies on Child Protection Team doctors to support their theory. Without your own expert to challenge that evidence, the jury only hears one side of the story. Consequently, expert testimony can mean the difference between conviction and dismissal.
Facing Child Abuse Accusations?
False child abuse accusations can destroy families. Unfortunately, the state mobilizes quickly—Child Protection Teams, DCF, and prosecutors all work together before you even have a chance to respond.
For over 25 years, I have defended clients against the most serious charges in Tampa Bay. As a result, I know how to investigate these cases, challenge the state’s experts, and fight for dismissal when the evidence does not support the charges.
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Related: Tampa Child Abuse Defense Lawyer
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