If you have been accused of child abuse in Florida, you need an Orlando child abuse defense attorney on your side right now. A recent Sanford case reignited a statewide debate after the 18th Judicial Circuit Attorney’s Office declined to file charges, finding the incident did not meet Florida’s legal threshold for child abuse. Attorney José Rivas appeared on Telemundo News as a legal analyst to explain where that line falls under state law.
“Parents can discipline their children,” Rivas said. “But there’s a difference between having a corrective or educational purpose and having some kind of excessive, cruel, or malicious behavior. It’s a line that the State must draw to ensure that the force used is not disproportionate or will not place a minor at substantial risk.
Florida allows moderate corporal discipline as long as it is not excessive and does not cause significant harm. When charges are filed, the consequences can be severe — and understanding your rights is the first step toward protecting your future.
Watch: Attorney José Rivas Explains Florida’s Child Abuse Law on Telemundo News
What Florida Law Says About Discipline vs. Abuse
Florida Statute § 827.03 defines child abuse as the intentional infliction of physical or mental injury upon a child, or any act reasonably expected to cause such harm. At the same time, Florida Statute § 39.01(2) makes clear that corporal discipline by a parent or legal custodian “does not in itself constitute abuse when it does not result in harm to the child.”
The Florida Supreme Court addressed this in Raford v. State, 828 So.2d 1012 (Fla. 2002), holding that a parent or stepparent can raise corporal punishment as an affirmative defense — provided the discipline was reasonable and non-excessive.
Prosecutors weigh the intent behind the act, the severity of any injuries, whether marks or bruises resulted, and whether a pattern exists. In the Sanford case, those factors did not add up to a charge. In many cases they do — and that is when you need an experienced criminal defense lawyer in Orlando who knows how to fight back.
Penalties for Child Abuse Charges in Orlando
Child abuse under § 827.03(2)(c) is a third-degree felony carrying up to five years in prison and up to $5,000 in fines.
If the state claims the abuse caused great bodily harm or permanent disfigurement, the charge escalates to aggravated child abuse — a first-degree felony punishable by up to 30 years.
Beyond prison time, a conviction can strip you of parental rights and affect your housing and employment. A criminal defense lawyer in Orlando who understands how the state attorney’s office builds these cases gives you the best shot at a favorable outcome.
Do not speak to investigators, DCF, or the state attorney’s office without an attorney present. Anything you say can be used against you. It’s important to talk to a child abuse defense attorney as soon as possible.
How an Orlando Child Abuse Defense Attorney Can Help You
As an Orlando child abuse defense attorney, José Rivas has built a track record of success defending clients against serious charges throughout Central Florida. He knows how the 18th Judicial Circuit approaches these cases, which evidence matters most, and when the Raford parental discipline defense applies to your situation.
The right criminal defense team examines every detail: the nature of the contact, any injuries, your relationship to the child, and the full context of what happened. Many cases that look alarming at first glance are legally defensible when examined carefully.
If you are facing child abuse charges in Orlando or anywhere in Central Florida, speak with an experienced criminal defense attorney at the Rivas Law Firm before you say another word to law enforcement.
Call 407-644-2466 to speak with an Orlando criminal defense attorney at the Rivas Law Firm, P.A.
What is the legal difference between corporal punishment and child abuse in Florida?
Florida law permits parents and stepparents to use reasonable, non-excessive corporal punishment to discipline a child. Under Florida Statute § 39.01(2), this does not constitute abuse as long as it does not result in harm to the child. When the discipline causes injury, leaves visible marks, or reflects a pattern of behavior, it may cross the line into criminal child abuse under § 827.03.
What happens if I am charged with child abuse in Orlando, Florida?
Child abuse is a felony in Florida, carrying up to five years in prison for a third-degree charge and up to 30 years for aggravated child abuse. An Orlando child abuse defense attorney can review the evidence, challenge the state’s case, and raise affirmative defenses — including the parental discipline defense. Acting quickly after being charged or investigated significantly improves your chances of a favorable outcome.
Can a stepparent be charged with child abuse in Florida for disciplining a stepchild?
Yes — Florida applies the same reasonable discipline standard to stepparents as to biological parents. As Attorney José Rivas explained in his Telemundo News interview, prosecutors evaluate intent, severity of injury, and whether a pattern of conduct exists before filing charges. If you are a stepparent accused of child abuse, hire an Orlando criminal defense lawyer immediately to protect your rights.
Jose Rivas has litigated thousands of criminal cases and frequently serves as a legal analyst for both local and national media networks. He has been licensed to practice criminal defense in Florida since 2007 and is a member in good standing with The Florida Bar. He maintains a 4.9/5.0 AVVO client rating based on 76 reviews.