If not for the serious injury to a child and the charge filed against the defendant, this news story could be something borne out of The Three Stooges.
According to the South Florida Sun Sentinel, a Fort Lauderdale man faces a charge of aggravated child abuse in connection with allegations that he used a saw to cut a cast off his son's arm.
Florida seems to always be full of strange news stories and many of them involve the criminal justice system. But many cases are more than meets the eye. Having an experienced Fort Lauderdale Criminal Defense Attorney by your side is critical in defending these types of allegations; a right that everyone is afforded.
The 33-year-old man faces a charge of aggravated child abuse, which is a first-degree felony punishable by up to 30 years in prison. According to Florida Statute 827.03, the burden of proof for aggravated child abuse is when a person:
- Commits aggravated battery on a child;
- Willfully tortures, maliciously punishes, or willfully and unlawfully cages a child; or
- Knowingly or willfully abuses a child and in so doing causes great bodily harm, permanent disability, or permanent disfigurement to the child.
While these may be simple terms, proving them in a court of law may be difficult.
"Willfully tortures and maliciously punishes" are terms that may be difficult to prove. The newspaper reports that the man got home and retrieved a 10-inch circular saw from his truck and tried to cut the cast off. In the process, the top of the 15-year-old's right thumb was cut off and the middle finger of the right hand was almost entirely cut off as well.
The newspaper reports that it's unclear why the man tried to remove the cast. He gave a statement to police and was taken into custody. Along with the more severe injuries, the teen had a three-inch-long cut along his hand.
In some cases, proving "permanent disability" and "permanent disfigurement" can be difficult to prove. In this case, the teen required emergency surgery to repair the damage. But in other cases where this charge is alleged, it may be possible to prove that injuries are repairable and that they were caused by accident and not on purpose.
In any criminal case, an experienced defense attorney will file motions and work to suppress evidence that the state wants to present in its case against the defendant. This can include a statement coerced by detectives that violates a defendant's rights, evidence, such as DNA, financial records or video surveillance that were improperly obtained by detectives or other pieces of evidence.
Getting that tossed out of a case can help a defendant and can open the window to prosecutors dropping the charges altogether or coming up with a better plea offer.
If you, a loved one or family member are arrested and charged with a crime in West Palm Beach, Fort Lauderdale or Miami, contact Fort Lauderdale Criminal Defense Lawyers today at 1-866-727-5384 to discuss your rights.
Additional Resources:
Fort Lauderdale man accused of child abuse after trying to remove son's cast with a saw, by Danielle A. Alvarez, South Florida Sun-Sentinel
