Not every allegation of child abuse is genuine. Children often make mistakes, and false allegations are an unfortunate reality. Some charges of child abuse are also the result of a misunderstanding. An experienced domestic violence lawyer at Berry Law can help anyone facing child abuse allegations.
Any person accused of abusing a minor has the right to legal representation at trial. Let a skilled attorney at Berry Law use their experience and insight to help you fight your charges. A Nebraska child abuse lawyer can ensure your rights are protected both in and out of court.
How is Child Abuse Reported in Nebraska?
Law enforcement must follow certain protocols when responding to an allegation of child abuse. These incidents are often reported to Child Protective Services (CPS) who then contact police. The specific nature of charges depends on which entity undertakes the investigation, though it is not unusual for both law enforcement and CPS to work together to investigate child abuse cases.
CPS is more likely to look into allegations of child neglect, while the police are typically involved from the start when someone is accused of sexually abusing a minor. When the police believe they have enough evidence to secure an arrest, they may refer the charges to the prosecuting attorney. An attorney in our area can build an effective defense strategy for you during the course of a child abuse investigation.
Understanding Child Abuse Offenses
Many acts of child abuse fall under Nebraska Revised Statute §28-710. According to this statute, physical abuse of a minor involves actively causing physical harm, endangering a child’s physical health, and/or allowing a child to be cruelly punished. This statute’s definition of child abuse includes neglect, which is defined as placing a minor in a position deprived of necessary food, clothing, or shelter.
Sexual abuse of a minor also constitutes criminal child abuse under state law. Not only does this statute criminalize placing children in a position where they could be sexually abused, but it also applies to allowing a child to be exploited through sex trafficking.
Neb. Rev. Stat. §28-705 classifies abandonment as a Class I misdemeanor. Abandonment occurs when a parent fails to provide for a child or dependent stepchild under the age of 16. While the state can use any evidence to demonstrate abandonment, state law specifies that abandoning a child for three consecutive months or more is prima facie evidence of guilt.
A Nebraska lawyer at Berry Law can advise you of the specific statutes under which you were charged and defend you against allegations of child abuse.
Reach out to a Nebraska Child Abuse Attorney
Anyone arrested in the United States is presumed innocent until proven guilty. However, people facing allegations of hot-button offenses like child abuse are often found guilty in the court of public opinion. If you are facing criminal charges related to child abuse, the best course of action is to enlist the help of an experienced Nebraska child abuse lawyer. Call Berry Law today and schedule a confidential consultation.