Tampa Child Abuse Attorney | Brancato Law Firm, P.A.

Most child abuse cases start in an emergency room, not a police station. A child is hurt, a doctor writes “suspected abuse” in the chart, and within days a parent is answering questions from a detective and a DCF investigator at the same time. Rocky Brancato, founder of The Brancato Law Firm, P.A., handled child abuse, sex crime, and homicide cases in the Major Crimes Unit of the Hillsborough County Public Defender’s Office and later served as its Chief Operations Officer, overseeing a staff of over 100 attorneys. Our attorneys bring that experience to every case at our Tampa criminal defense firm: we test the medical opinion, the child’s statements, and the investigation that produced them.

What Are the Child Abuse Charges in Florida?

Florida charges physical child abuse under § 827.03, and the level of the charge depends mostly on whether the State claims great bodily harm. A “child” is anyone under 18, and a “caregiver” includes a parent, an adult household member, or anyone responsible for the child’s welfare under § 827.01. The table shows each charge and its maximum penalty under § 775.082 and § 775.083.

Aggravated child abuse covers three situations: an aggravated battery on a child; willful torture, malicious punishment, or unlawful caging of a child; or knowingly abusing a child in a way that causes great bodily harm, permanent disability, or permanent disfigurement. Child abuse is the intentional infliction of physical or mental injury, or an intentional act that could reasonably be expected to cause it. Neglect is a caregiver’s failure to provide the care, supervision, food, shelter, or medical treatment that a prudent person would consider essential.

Section 827.03 contains no mandatory minimum sentence. Aggravated child abuse is a Level 9 offense under Florida’s Criminal Punishment Code, so even with no prior record the scoresheet usually calls for a prison sentence of about four years or more unless the judge grants a downward departure. Separate enhancements can add mandatory prison: a prison releasee reoffender designation under § 775.082(9), or actual possession of a firearm under Florida’s 10-20-Life law.

What Does the State Have to Prove in a Child Abuse Case?

The State has to prove both the act and the mental state the statute requires, and the mental state is where many cases are won. Child abuse requires an intentional act. Neglect requires a willful failure or culpable negligence. Aggravated child abuse based on “malicious punishment” requires proof that the caregiver acted wrongfully and without legal justification, with the primary purpose of causing unjustifiable pain or injury.

Florida appellate courts hold the State to those words. In Cox v. State, 1 So. 3d 1220 (Fla. 2d DCA 2009), a father rubbed the blunt edge of a pocketknife on his son’s leg during an argument with his ex-wife, and the child was not physically hurt. The Second District Court of Appeal, which covers Hillsborough, Pinellas, and Pasco Counties, reversed the aggravated child abuse conviction and said the charge is reserved for truly aggravated circumstances. In Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016), the court held that “great bodily harm” means harm that is great, not slight, minor, or moderate, and that testimony that the child was moaning and crying, with no medical evidence, did not prove it.

Is Spanking Child Abuse in Florida?

Spanking is not child abuse in Florida by itself, but discipline that causes real injury can be charged. Florida’s child welfare law, § 39.01, says corporal discipline by a parent for disciplinary purposes “does not in itself constitute abuse when it does not result in harm to the child,” and it lists injuries such as fractures, burns, cuts, and significant bruises or welts as signs that discipline was excessive.

In Raford v. State, 828 So. 2d 1012 (Fla. 2002), a man struck his girlfriend’s 8-year-old child repeatedly with a belt. The Florida Supreme Court held that parents have no privilege that bars prosecution for felony child abuse, but that reasonable, nonexcessive corporal punishment, such as a typical spanking, remains an affirmative defense to a simple child abuse charge. Our attorneys build that defense with the facts that matter to a jury: the child’s age, the reason for the discipline, the type of injury, and whether a doctor ever treated it. Our article on parental discipline and the limits of spanking in Florida explains the line in more detail.

Why Do Medical Opinions Decide So Many Child Abuse Cases?

Medical opinions decide many child abuse cases because the State often has no witness to the injury and relies on a doctor to say the injury could only have come from abuse. In Hillsborough County, that opinion usually comes from a Child Protection Team physician who examines the child at the request of DCF or law enforcement. Our article on Child Protection Team medical opinions in Tampa child abuse cases explains how that examination is done and where it can go wrong.

Florida limits who can give that testimony. Under § 827.03(3), a physician may testify as a medical expert in a criminal child abuse case only if licensed in Florida under chapter 458 or 459 or certified as an expert witness under the statutes for out-of-state physicians, and testimony about mental injury requires psychiatric training or a licensed psychologist. Our attorneys check those qualifications in every case.

Many medical conditions can look like abuse to an emergency room doctor who does not know the child’s history:

• Brittle bone disorders. Conditions such as osteogenesis imperfecta can cause fractures from ordinary handling.
• Bleeding and clotting disorders. These can cause bruising that has a medical cause.
• Congenital conditions. In one of our cases, an injury the State called blunt force trauma was caused by a congenital choledochal cyst, a condition present since birth.
• Birth injuries. Some findings date to delivery, not to a later event.
• Rescue efforts. CPR can injure a child’s chest and internal organs.

The science behind some abuse diagnoses is also contested. A 2012 article in the Houston Journal of Health Law & Policy by Keith Findley, Patrick Barnes, David Moran, and Waney Squier, Shaken Baby Syndrome, Abusive Head Trauma, and Actual Innocence: Getting It Right, argues that the classic “triad” of internal findings cannot reliably prove abuse or pinpoint when an injury happened. Major pediatric organizations still accept abusive head trauma as a diagnosis, so the question is case-specific. That is why our firm retains independent forensic pathologists and pediatric specialists to review the records, the imaging, and the timeline before we decide how to defend the case. Our forensic science defense page describes how we work with experts.

How Is a Child’s Statement Used as Evidence in Florida?

A child’s out-of-court statement about abuse can be admitted at trial only after the judge holds a hearing and finds it reliable. Florida’s child hearsay rule, § 90.803(23), requires the court to find that the time, content, and circumstances of the statement provide sufficient safeguards of reliability, to make specific findings on the record, and to give the defense notice at least 10 days before trial. If the child does not testify, the State also needs other corroborating evidence.

In State v. Townsend, 635 So. 2d 949 (Fla. 1994), the Florida Supreme Court said a boilerplate reliability finding is reversible error and listed the factors a judge must weigh, including whether adults prompted the statement, the child’s motive to fabricate, and improper influence during a family dispute. Research supports that caution: a widely cited review by Stephen Ceci and Maggie Bruck in Psychological Bulletin, Suggestibility of the Child Witness: A Historical Review and Synthesis (1993), found that young children can be led by repeated or suggestive questioning. Our attorneys obtain the recorded forensic interview, study how the questions were asked, and challenge unreliable statements before a jury hears them. See our articles on forensic interviews in Tampa child abuse cases and child hearsay in Tampa cases.

What Happens With DCF While the Criminal Case Is Pending?

A child abuse allegation in Florida usually starts two cases at once: a criminal case and a DCF child protective investigation that can lead to dependency court. In Hillsborough County, DCF has run child protective investigations directly since July 14, 2023, when the Hillsborough County Sheriff’s Office transferred that work to the Department of Children and Families. The DCF investigator, the Child Protection Team, and the detective share information.

Many reports do not hold up. In its report to the Legislature for fiscal year 2019-2020, DCF closed 9,663 of 19,282 child abuse reports in the Thirteenth Circuit (Hillsborough County) with “no indicators,” meaning it found no credible evidence for any allegation, according to the DCF Annual Report on False Reporting. A closed DCF case does not end a criminal case, but the same facts often matter in both.

Privileges are also different in these cases. Under § 39.204, the spousal privilege and the privilege between a professional and a patient or client, such as a doctor or therapist, do not apply to communications involving the alleged perpetrator in a child abuse case. The attorney-client privilege and the clergy privilege still apply. Our firm handles the criminal case and coordinates with your dependency lawyer so that a DCF safety plan, interview, or court filing does not create evidence for the prosecution. Read more about which conversations stay privileged in Florida child abuse cases.

Can Child Abuse Charges Be Stopped Before They Are Filed?

Yes, sometimes. Many child abuse cases are investigated for weeks before the State Attorney’s Office decides whether to file charges, and that window is the best time to act. Through pre-file advocacy, our attorneys contact the detective, keep the client out of a police interview, gather medical records and witness information, and present the defense side to the prosecutor before a charging decision is made. If you think you are being investigated, our guide to signs you are being investigated for a crime in Florida explains what to watch for.

Why Does the Plea Offer Matter So Much in a Child Abuse Case?

The plea offer matters because a child abuse plea can never be sealed or expunged in Florida. Under § 943.0584(2)(y), child abuse and aggravated child abuse are listed offenses that make a record ineligible for sealing or expungement, and a guilty or no contest plea counts even when the judge withholds adjudication. That is why our attorneys look closely at which offense a plea is to, not only at the sentence. Our guide on how to decide whether to accept a plea bargain in Florida walks through the rest of that decision.

Results in Child Abuse Cases

These are results our firm has obtained in child abuse cases. Every case is different, and past results do not guarantee future outcomes.

• Aggravated child abuse dismissed. A father was charged after his daughter was found to have a pancreatic injury. Our forensic pathologist showed the injury came from a congenital choledochal cyst, and the prosecutor dismissed all charges.
• Murder charge dropped and aggravated child abuse reduced. A grandmother was charged with first-degree murder and aggravated child abuse after her granddaughter drowned. The defense showed the liver injury came from CPR. The murder charge was dropped, and she pleaded to the lesser charge of child neglect and received probation.
• Aggravated child abuse reduced to misdemeanor battery. Medical records and a psychiatrist showed that a severe toxoplasmosis infection impaired the client’s functioning at the time of the incident.
• Neglect case dismissed through diversion. A client charged with neglect after a child ingested THC completed a diversion program, and the case was dismissed.

See more on our case results page.

What Should You Do If You Are Accused of Child Abuse?

Act before you talk to anyone about the allegation. The first days usually decide what evidence exists and what you have already said.

1. Do not explain what happened to a detective, a DCF investigator, or hospital staff until you have spoken with a criminal defense lawyer.
2. Ask a lawyer before you sign a DCF safety plan. It can affect custody and can become evidence.
3. Write down everyone who cared for the child in the days before the injury, with times and places.
4. Keep the child’s medical records, photos, and any videos, and do not discuss the case by text or social media.
5. Call our firm so we can contact the investigators and start the medical review.

Related Child Abuse Articles

• Can a Medical Condition Be Mistaken for Child Abuse in Florida?
• Child Neglect Defense in Tampa
• Is Leaving a Child in a Hot Car a Crime in Florida?
• Clergy Privilege in Tampa Bay Criminal Cases
• Why Expert Witnesses Are Not Optional in Major Crimes Cases in Florida
• Case Study: Forensic Pathologist Expert Witness
• What happens when a teacher is arrested in Florida

Child Abuse Defense FAQs

Talk to a Tampa Child Abuse Attorney Today

The medical records, the forensic interview, and the DCF file are being created right now, and the sooner our attorneys see them, the more we can do. Call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159 for a confidential consultation before you speak with investigators. Our attorneys also defend related sex crime and domestic violence charges, and our Hillsborough County criminal defense page explains how cases move through the Thirteenth Judicial Circuit.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

This page is for informational purposes only and does not constitute legal advice. Each case is unique, and outcomes depend on the individual facts and circumstances involved. Past results do not guarantee future outcomes.