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        <title><![CDATA[Child Abuse in Jacksonville - The Mussallem Law Firm, P.A.]]></title>
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        <description><![CDATA[The Mussallem Law Firm's Website]]></description>
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                <title><![CDATA[Jacksonville firefighter charged with child abuse in Duval County]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-firefighter-charged-with-child-abuse-in-duval-county/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 03 Apr 2019 16:50:59 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Duval County firefighter was arrested this week for child abuse in Jacksonville. According to an article on News4Jax.com, the man was arrested last week in relation to an incident at the end of March. He is accused of removing his child from the bed during the night and taking the child to the garage.&hellip;</p>
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<p>A Duval County firefighter was arrested this week for child abuse in Jacksonville.  According to an <a href="https://www.news4jax.com/news/jacksonville-firefighter-re-assigned-after-child-abuse-arrest" rel="noopener noreferrer" target="_blank">article</a> on News4Jax.com, the man was arrested last week in relation to an incident at the end of March.  He is accused of removing his child from the bed during the night and taking the child to the garage.  The accused allegedly turned on an industrial fan and beat the child on the buttocks and upper thighs with a wooden 2×4 and his hand over the course of several hours.  The firefighter then allegedly pinched and kicked the child.  According to public records, the child’s backside was covered in bruises.</p>



<p>The charge the man is facing is child abuse, which is a third degree felony in Jacksonville.  “Child abuse” is defined as intentionally inflicting physical or mental injury on a child, intentionally committing an act that could reasonably be expected to result in physical or mental injury to a child, or active encouragement of a child to commit an act that results or could be expected to result in physical or mental injury to a minor.</p>



<p>Corporal punishment, or physical punishment, is still legal in the United States. You are allowed to physically discipline your child. That being said, police are arresting parents at a higher rate in recent years for child abuse charges in Duval County and all over Florida. If a child has ANY mark on them and the child tells authorities that the mark came from physical punishment, the Department of Children and Families and the Jacksonville Sheriff’s Office are most likely going to contact the parent or guardian. It is up to the officer that interviews the parent or guardian to make the call on whether or not to arrest. Out of an abundance of caution, many parents are arrested on this felony charge. Once the arrest is made, a judge make a decision about bond and the parent will have a court date approximately 2 weeks from arrest. This is a critical time. If you have been arrested for child abuse or child neglect, contact an <a href="/practice-areas/child-abuse/" target="_blank" rel="noreferrer noopener">experienced child abuse attorney in Duval County</a> immediately. Just because you have been arrested does not mean that the state attorney’s office will file charges. Whenever anyone is arrested on any felony or misdemeanor in Jacksonville, a prosecutor has the discretion to file or not. A criminal defense lawyer can accumulate mitigating information and provide evidence to present the whole story.</p>



<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>
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                <title><![CDATA[Clay County man arrested for child neglect after allegedly leaving child in car]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-man-arrested-child-neglect-allegedly-leaving-child-car/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Wed, 30 Aug 2017 15:26:02 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A man from Middleburg, Florida was recently arrested for allegedly leaving his two year-old child in his car in the middle of summer. The man was arrested for felony child neglect in Clay County, which is a second degree felony in Florida. According to an article on news4jax..com, the man took a nap and the&hellip;</p>
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<p>A man from Middleburg, Florida was recently arrested for allegedly leaving his two year-old child in his car in the middle of summer.  The man was arrested for felony child neglect in Clay County, which is a second degree felony in Florida.  According to an <a href="https://www.news4jax.com/news/florida/clay-county/man-charged-with-neglect-after-2-year-old-found-in-hot-car" rel="noopener noreferrer" target="_blank">article</a> on news4jax..com, the man took a nap and the child got into the car and became trapped.  After discovering that the child was missing, the man and the child’s mother ran around looking for the child.  The boy was discovered in the locked car, unconscious.  The boy is currently in the intensive care unit.</p>

<p>If the state of Florida, child neglect is defined as a caregiver/parent/guardian’s failure or omission to provide the child with the care, supervision and services that are required to keep the child physically and mentally healthy.  This includes providing food, clothes, shelter, supervision, medication and medical services.  In this case, the man is currently charged with willfully, or by culpable negligence, neglecting a child and that neglect caused great bodily harm, permanent disability or permanent disfigurement.  This case is a tragedy for all involved, including the man arrested.  The state attorney’s office will likely not charge him with “willfully” leaving the child in the car, but can justify the child neglect charge based on culpable negligence.  If the charge is proven then the child sustained great bodily harm due to the father’s negligence.</p>

<p>Prosecutors assigned to any criminal case in Clay County have broad discretion in what they charge.  Assistant state attorneys can file the charge that the person was arrested for, add more charges, drop charges, reduce a felony charge to a misdemeanor or refer a defendant to a pretrial diversion program.  That is why it is so important to call an experienced criminal defense attorney as soon as possible after an arrest.  Even if you have not been arrested yet, but believe you may be, call.  Most attorneys offer free consultations, and here at The Mussallem Law Firm, we are available anytime to discuss your criminal issue.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Child Neglect Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville school aide arrested on two child abuse charges]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-school-aide-arrested-two-child-abuse-charges/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 19 May 2017 13:03:29 GMT</pubDate>
                
                    <category><![CDATA[Bonds and Bail in Jacksonville]]></category>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A teacher’s aide with the Duval County Public School system has been arrested on two counts of child abuse. According to an article on Jacksonville.com, the woman was arrested in Jacksonville on Mother’s Day for the two felony charges. In the arrest and booking report, police say they were called out to a “domestic dispute”&hellip;</p>
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<p>A teacher’s aide with the Duval County Public School system has been arrested on two counts of child abuse.  According to an <a href="http://jacksonville.com/news/public-safety/2017-05-17/jacksonville-teacher-s-aide-charged-after-children-beaten-over-mother" rel="noopener noreferrer" target="_blank">article</a> on Jacksonville.com, the woman was arrested in Jacksonville on Mother’s Day for the two felony charges.  In the arrest and booking report, police say they were called out to a “domestic dispute” and spoke with the alleged victim’s, the aide’s children.  They told police that the woman became angry because all she got for Mother’s Day was a card.  They claim the woman began to throw things around the room and hit the child with a metal broom multiple times on the arms and legs.  The children also claim the woman punched one in the mouth and pulled her hair.  Police said they observed welt marks on the child, along with a swollen lip and bruises.  The evidence technician was called to the scene and photographed the alleged injuries.</p>

<p>In Florida, there are different levels of child abuse.  Child abuse, in Jacksonville and all over the state, is defined as intentionally inflicting physical or mental injury on a child, committing an intentional act that could reasonably be expected to result in physical or mental injury on a child or actively encouraging another to commit an act that could result in the child being harmed.  While we all know what physical injury is, mental injury is defined by Florida statute.  It is injury to the intellectual or psychological capacity of a child evidenced by substantial impairment in the ability of the child to function normally.  “Basic” child abuse is a third degree felony punishable by up to five years in prison if the State can show that great bodily harm, permanent disability or disfigurement is caused by the abuse.  Aggravated child abuse is more serious in the eyes of Florida law and is a first degree felony.  Aggravated child abuse is when a person commits an aggravated battery on a child, willfully tortures, maliciously punishes or willfully cages a child or knowingly commits child abuse causing great bodily harm, disability or disfigurement.  If convicted of this aggravated form, the maximum a defendant is facing is thirty years in prison.</p>

<p>In each of the aide’s child abuse charges, the judge issued a $15003 Jacksonville bond for each.  If she used a Duval County bondsman, she will be required to pay ten percent of that amount and will have to post collateral to cover the rest.  Monetary bonds are placed on people charged with crimes to encourage them to make future court appearances.  When the case is over, the bond is discharged.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Woman arrested in St. Johns County after being found unconscious with a baby]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-arrested-st-johns-county-found-unconscious-baby/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 10 Nov 2016 18:30:32 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A woman was recently arrested in St. Johns County, Florida on several charges resulting from her being found sleeping with a baby on her. According to an article on News4Jax.com, Police say the woman was parked at a gas station and was seen sleeping with a child in her lap. Police checked the plates on&hellip;</p>
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                <content:encoded><![CDATA[

<p>A woman was recently arrested in St. Johns County, Florida on several charges resulting from her being found sleeping with a baby on her.  According to an <a href="http://www.news4jax.com/news/florida/st-johns-county/woman-found-passed-out-in-stolen-car-with-baby-in-lap" rel="noopener noreferrer" target="_blank">article</a> on News4Jax.com, Police say the woman was parked at a gas station and was seen sleeping with a child in her lap.  Police checked the plates on the car and found out the car was stolen from another state.  Upon searching the car, police allegedly found heroin and drug paraphernalia along with used baby items.  The woman was arrested for possession of a controlled substance, child neglect, grand theft auto and possession of drug paraphernalia.</p>

<p>The basis for the child neglect charge is most likely the several used diapers found in the car along with bad milk.  In order to prove a child neglect charge in Florida, the State Attorney’s Office has to prove that the woman willfully failed to provide the child with the care, supervision and services necessary to maintain the child’s physical or mental health.  Neglect of a child in St. Johns County can be repeated actions or a single incident.  Certainly, being passed out with drugs in a car can be seen as purposely failing to provide the baby with supervision.  Neglect of a child is a third degree felony, punishable by up to five years in prison.</p>

<p>Heroin is considered a controlled substance in Florida and possession of it is also a third degree felony.  Syringes were found along with the heroin.  This is the basis of the possession of paraphernalia charge in St. Johns County.  Drug paraphernalia, in Florida, is defined as any equipment, products or materials of any kind intended for putting illegal drugs in the body.</p>

<p>The woman almost certainly has a drug problem and it is unclear whether the woman stole the car she was in.  Authorities are going to trace the vehicle theft back to the source to see if the grand theft auto charge will stick.  This charge is also a third degree felony.</p>

<p>Another issue in cases involving children is the Department of Children and Families.  Because there is a charge of child neglect and allegations of other felonies committed while a child is present, DCF will conduct their own investigation into the woman and make a determination on whether or not she can be around her child or children if she has others.  The Department is an administrative agency, but they have the authority to decide if a person accused of a crime can have access to their children.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Drug Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville mother charged with child abuse after child found in car]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-mother-charged-child-abuse-child-found-car/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 20 Oct 2016 13:33:59 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A woman in Jacksonville was arrested on the charge of child abuse after being accused of leaving her child in a hot car with no air conditioning. According to a report in a report from News4Jax, the woman allegedly left the small child in the car for a minimum of forty minutes outside the woman’s&hellip;</p>
]]></description>
                <content:encoded><![CDATA[

<p>A woman in Jacksonville was arrested on the charge of child abuse after being accused of leaving her child in a hot car with no air conditioning.  According to a report in a <a href="http://www.news4jax.com/news/woman-accused-of-leaving-child-in-hot-car-for-over-40-minutes" rel="noopener noreferrer" target="_blank">report</a> from News4Jax, the woman allegedly left the small child in the car for a minimum of forty minutes outside the woman’s place of work.  A passerby saw the child in the car and noticed she was unattended and sweating.  The witness contacted police.  Officers noted that while the child was very sweaty and hot, the child did not appear to be physically harmed.  After being arrested, the woman’s bond was set at $20,003.00.</p>

<p>In order to be convicted of child abuse in Duval County, the State Attorney’s Office must prove certain things.  The defendant must have knowingly or willfully:  1.  intentionally inflicted physical or mental injury on the child or 2.  committed an intentional act that could reasonably be expected to result in physical or mental injury to the child or 3.  actively encourage someone else to commit the act that could reasonably be expected to result in physical or mental harm.  If the State goes forward with the charge against the woman in this case, they will probably be proceeding on the theory that her act of leaving the child in a hot car could be expected to cause physical harm to the girl.</p>

<p>When someone is arrested in Jacksonville on any charge, the judge in first appearance court sets a bond.  In this case, the woman’s bond in $20,003.00.  It is unclear whether or not the woman has any criminal history, which would be a factor in determining her Duval County bond.  Judges must also consider whether or not the woman is a danger to the community and whether or not the woman will likely flee the jurisdiction.  Most Jacksonville bondsmen require ten percent of the bond as payment to get out of jail.  In this case, the woman or her family would have to pay the Duval County bond company $2003.00 and have collateral to cover the rest of the bond should she not appear at a future date.</p>

<p>An assistant state attorney will be assigned to the woman’s case in the next week.  That prosecutor will be making a decision about whether or not to file the case as a Jacksonville felony, reduce the charge to a misdemeanor, drop the case outright, or send the woman’s case to a diversion program.  Once the program is completed by a defendant, the charge is completely dropped.  It is fairly common for child abuse cases in Jacksonville to be considered for the Pretrial Intervention Program if the child was not badly harmed and the defendant has no criminal history.  This is a diversion program that is discretionary, which means that the prosecutor’s office has the sole discretion to send someone there.  That is why it is so important to consult with an experienced Jacksonville Criminal Defense Attorney as soon as possible after an arrest.  The attorney you hire for the child abuse charge can meet with the prosecutor before he or she makes the decision on what to do with your case and present mitigating information on your behalf.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Woman in St. Johns County faces several felonies following police chase]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-st-johns-county-faces-several-felonies-following-police-chase/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-st-johns-county-faces-several-felonies-following-police-chase/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 16 Jun 2016 17:31:09 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                    <category><![CDATA[Traffic Crimes/Tickets]]></category>
                
                
                
                
                <description><![CDATA[<p>A woman from St. Augustine is facing eleven criminal charges after allegedly fleeing from police. According to an article in The Florida Times Union, police received several 911 calls reporting a car driving erratic and aggressively. After police tried to stop the vehicle, the woman allegedly accelerated rapidly and intentionally rammed occupied vehicles. The woman&hellip;</p>
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<p>A woman from St. Augustine is facing eleven criminal charges after allegedly fleeing from police.  According to an <a href="http://jacksonville.com/news/crime/2016-06-15/story/woman-rams-vehicles-during-wild-st-johns-county-chase-toddlers-inside" rel="noopener noreferrer" target="_blank">article</a> in The Florida Times Union, police received several 911 calls reporting a car driving erratic and aggressively.  After police tried to stop the vehicle, the woman allegedly accelerated rapidly and intentionally rammed occupied vehicles.  The woman apparently had two small children in the car and eventually stopped after crashing into another car.  Even when police got their hands on the woman, they claim she continued to pull away.  The woman is facing one count of reckless driving, two counts of fleeing and eluding police, four counts of aggravated assault with a deadly weapon, one count of aggravated battery with injury, two counts of child neglect and resisting an officer without violence.</p>

<p>The most serious of the charges are the felonies.  In Florida, aggravated assault with a deadly weapon is a third degree felony punishable by up to five years in prison.  In order to prove this charge, the prosecutor must show that the woman threatened someone with violence, had the ability to carry that violence out, put the victim in fear of the violence and used a deadly weapon to threaten. In this case, the deadly weapon would be the car she was driving.  Aggravated battery is intentionally causing great bodily harm to someone and is a second degree felony in Florida.</p>

<p>The charges of child neglect may seem not so obvious.  Just having the children and erratically driving a vehicle could be considered child neglect or abuse in St. Johns County.  Under Florida law, neglect of a child occurs when a guardian fails to provide the child with care or supervision necessary to maintain the child’s physical health.  It is a prudent-person standard, which means the standard is what would a reasonable person do to protect the child.  Each child neglect charge is a third degree felony and the maximum punishment is five years in prison.  Fleeing and eluding the police is a second degree felony.  In order to prove this charge, the State Attorney’s Office has to prove the woman operated a vehicle and willfully refused to stop the car after being ordered to stop by an authorized law enforcement officer.</p>

<p>The article does not hint as to the woman’s motivation to run, but this case will be taken seriously because people were injured, property was damaged and children were in the car at the time.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Neglect Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville man arrested after child in his custody passes away]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-child-custody-passes-away/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 25 Apr 2016 19:20:04 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A man is being held in the Pretrial Detention Facility after being charged with aggravated child abuse in Jacksonville. According to an article in the Florida Times Union, the mother of the child left her boyfriend, the accused, home alone with the two year-old while she went to work. The woman told police her boyfriend&hellip;</p>
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                <content:encoded><![CDATA[

<p>A man is being held in the Pretrial Detention Facility after being charged with aggravated child abuse in Jacksonville.  According to an <a href="http://jacksonville.com/news/crime/2016-04-22/story/man-20-arrested-child-abuse-charge-after-death-2-year-old-jacksonville" rel="noopener noreferrer" target="_blank">article</a> in the Florida Times Union, the mother of the child left her boyfriend, the accused, home alone with the two year-old while she went to work.  The woman told police her boyfriend told her he disciplined her daughter because the child misbehaved, according to the report.  The woman reported that the child had cuts and marks when she returned home and the child passed away later that day.  Homicide detectives are still investigating the abuse case and it may turn into a murder case before all is said and done.</p>

<p>It is unclear whether or not the man was interviewed by investigators before or after being arrested.  Police will always try to get a potential suspect to tell their side of the story prior to arresting them.  Police are allowed, even taught in interrogation classes, to lie to suspects to get the suspect to talk about their case.  If police ask you to come down to the police station to “clear things up”, you probably getting handcuffed at the conclusion of the interview.  If you are ever asked to be interviewed by any law enforcement agency, talk to an experienced criminal defense attorney first. Discuss your rights before giving them up.  More often than not, there is no benefit for you to talk to the police.</p>

<p>The man was arrested for aggravated child abuse, which is a first degree felony in Florida.  The maximum exposure is thirty years in prison if that is all the man is charged with.  If he is eventually charged with murder, the potential penalties could go even higher.  To prove this Duval County child abuse charge, the State Attorney’s Office have to prove the man willfully caused great bodily harm to the child (aggravated battery), or tortured or caged the child.  Willfully, as defined by Florida statute, means knowingly, intentionally and purposely.  If the man exercised his right to remain silent, it may be difficult for the prosecution to prove the man purposely harmed the child.  The State will attempt to use any alleged conversation with the girl’s mother as evidence against the man.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville mother charged with child neglect]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-mother-charged-child-neglect/</link>
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                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 21 Mar 2016 15:42:23 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A young mother has been arrested in Duval County after allegedly leaving her two young children with no supervision, according to a report in the Florida Times Union. The mother was arrested on one count of child neglect, which is a third degree felony in Florida. Police claim that the mother left her two children,&hellip;</p>
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                <content:encoded><![CDATA[

<p>A young mother has been arrested in Duval County after allegedly leaving her two young children with no supervision, according to a <a href="http://jacksonville.com/news/crime/2016-03-18/story/jacksonville-mother-arrested-after-children-3-and-5-left-home-alone" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times Union.  The mother was arrested on one count of child neglect, which is a third degree felony in Florida.  Police claim that the mother left her two children, ages three and five, alone while she went to work.  Apparently someone, probably a neighbor, reported this to the police.  The woman’s children have been placed in foster care pending a family placement while this criminal case progresses.</p>

<p>To be convicted on child neglect in Jacksonville, the State Attorney’s Office must prove that a child’s caregiver, usually a parent, does not provide the child or children with the care, supervision and services necessary to maintain the child’s physical and mental health.  A caregiver can be a parent, adult in the house with the child or a person left to watch a child.  A person can also commit  child neglect if they failed to make a reasonable effort to protect a child from abuse or exploitation by another person.  The neglect can be ongoing or only occur only once.</p>

<p>If a person neglects a child and in doing so the child suffers great bodily harm, the person is facing a second degree felony, punishable by up to fifteen years in prison.  The neglect charge is lowered to a third degree felony if there is no injury stemming from the neglect.  If the person arrested has no prior criminal history and there is no injury, the defendant is eligible for a Diversion program through the State Attorney’s Office.  This program is discretionary and once accepted, a defendant may have to participate in parenting classes as well as other conditions.  Once the program is complete, all charges will be dropped.</p>

<p>In addition to the Jacksonville Sheriff’s Office getting involved, the Department of Children and Families also are notified of neglect allegations.  Even if the child neglect criminal charge is ultimately dropped, the Department can take your children away from you.  You may have to participate in a parenting plan that consists of home visits, random drug urinalysis and parenting classes.</p>

<p>If you are contacted by either law enforcement or be the Department of Children and Families about allegations of child abuse or neglect, contact an experienced Jacksonville Child Neglect Attorney as soon as possible.  Before talking to either department, talk to an attorney first.  The police are there to make an arrest and are actually allowed to lie to you to get you to make admissions.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Lonna Barton will be sentenced this Friday]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/lonna-barton-will-sentenced-friday/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/lonna-barton-will-sentenced-friday/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 29 Feb 2016 18:38:28 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>Lonna Barton, the mother of deceased toddler, Lonzie Barton, will be sentenced in Jacksonville this Friday, March 4th. According to an article in the Florida Times Union, she will be sentenced by the judge with a maximum exposure of five years in prison. Ms. Barton entered pleas of guilty to a Duval County felony of&hellip;</p>
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<p>Lonna Barton, the mother of deceased toddler, Lonzie Barton, will be sentenced in Jacksonville this Friday, March 4th.  According to an <a href="http://jacksonville.com/news/crime/2016-02-29/story/mother-lonzie-barton-be-sentenced-friday" rel="noopener noreferrer" target="_blank">article</a> in the Florida Times Union, she will be sentenced by the judge with a maximum exposure of five years in prison.  Ms. Barton entered pleas of guilty to a Duval County felony of child neglect and a misdemeanor charge of giving false information to the police.  Her plea agreement included the stipulation that she testify truthfully against her co-defendant Ruben Ebron.  Her testimony became unnecessary after she entered her plea agreement because Ebron finally gave his account of what happened and led the JSO to where the child’s body was hidden.  Ebron has already been sentenced to twenty years in prison in this Duval criminal case.</p>

<p>The Jacksonville Child Neglect charge is a third degree felony in Florida.  To sustain this charge, the prosecutor’s office would have to prove that Ms. Barton willfully, or by culpable negligence by neglecting the child as the child’s caregiver.  Neglect is defined as failing to provide the child with care, supervision, and services necessary to maintain the child’s physical and mental health.  This can include not giving the child the proper food for growth, shelter, clothes, supervision or medicine a reasonable person would feel essential for a healthy child.</p>

<p>The Jacksonville misdemeanor Ms. Barton entered a plea to is giving false information to a law enforcement officer during an investigation.  This is a first degree misdemeanor punishable by up to one year in jail.  To prove this charge, the state attorney’s office would have to prove she knowingly and willingly gave false information to law enforcement while they were investigating a felony charge.  Intent to mislead the police is a necessary element to this charge.</p>

<p>It will be interesting to see what sentence Ms. Barton does receive at this point in her case.  The value that the state attorney’s office believe she had was taken away when her co-defendant confessed on his own and gave the prosecutors and the police what they wanted most, the location of the child.  Ebron, in his confession, further incriminated Ms. Barton in the case by telling police they were having sex while the child drown in the bathtub.  This leads to further questions about whether or not Ms. Barton knew the child was deceased when she went to work that night.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION.  Our Duval County Child Neglect Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville police officer charged with child abuse]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-charged-with-child-abuse/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-police-officer-charged-with-child-abuse/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 06 Nov 2015 15:50:52 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville police officer was charged last month with child abuse, accused of spanking her son with a plastic hanger. The incident was reported to police after the child told someone at his school, according to a report in the Florida Times-Union. The school official is legally required to notify police. The officer, a 12-year&hellip;</p>
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<p>A Jacksonville police officer was charged last month with child abuse, accused of spanking her son with a plastic hanger.  The incident was reported to police after the child told someone at his school, according to a <a href="http://jacksonville.com/news/crime/2015-10-20/story/jacksonville-officer-charged-child-abuse-hanger-beating" rel="noopener noreferrer" target="_blank">report</a> in the Florida Times-Union. The school official is legally required to notify police. The officer, a 12-year veteran of the sheriff’s office, is charged with child abuse. The charge is a third-degree felony, punishable by up to five years in state prison.</p>

<p>A potential felony conviction could also mean the end of the officer’s law enforcement career. Most law enforcement agencies do not allow people who are convicted of or plead guilty of a felony to be sworn officers. Even if there wasn’t a legal requirement, there likely would be problems for the officer. There is a distinct difference between the criminal justice system and the punishments employers can impose on their employees. And when it comes to law enforcement, perception can be just as important as the facts and legal outcome of the case. Even if the case was reduced to a misdemeanor as part of a plea agreement, which can happen in these types of Jacksonville Felony Cases, that would still cause a perception problem for the officer. The officer chose to go on unpaid leave until the case is resolved, the newspaper reported. Most of these types of cases never make headlines and are never covered by the media, but that always changes when there is a police officer who is the subject of the investigation.</p>

<p>Jacksonville Child Abuse charges can be similar to Jacksonville Sex Crimes in terms of the public’s inclination to assume guilt the minute an accusation is made. People often have their mind up once the person is charged or arrested, without waiting for the case to play itself out through the court system. And once the accusation is made, it can be extremely difficult for the person to clear his or her name – especially with the amount of media coverage that often comes with the arrest.  Our Jacksonville Criminal Defense Attorney represents people accused of all types of criminal charges – from misdemeanors on up to serious felonies with potential life sentences – but knows that any charge is serious for the person who is arrested. From employment considerations to the fines and potential incarceration, our Jacksonville Criminal Defense Attorney will look at all of the potential consequences and explain them to you or your loved one so you can make an informed decision going forward.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a href="/">The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Felony Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[State will not charge Jacksonville man seen on video kicking stepson down skateboard ramp]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/state-will-not-charge-jacksonville-man-seen-on-video-kicking-stepson-down-skateboard-ramp/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/state-will-not-charge-jacksonville-man-seen-on-video-kicking-stepson-down-skateboard-ramp/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 02 Jun 2014 10:43:27 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>State prosecutors have decided not to charge a Jacksonville man who kicked his stepson down a ramp at a skate park, reportedly to try to teach the 6-year-old to not be afraid to fall. The incident was caught on tape by fellow youth skateboarder and once it went online, it went viral and ended up&hellip;</p>
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<p>State prosecutors have decided not to charge a Jacksonville man who kicked his stepson down a ramp at a skate park, reportedly to try to teach the 6-year-old to not be afraid to fall.  The incident was caught on tape by fellow youth skateboarder and once it went online, it went viral and ended up of newscasts across the nation. Shortly thereafter, the Jacksonville Sheriff’s Office opened up a criminal investigation, according to a <a>report</a> in the Florida Times-Union. That investigation is now complete and the State Attorney’s Office last month chose not to pursue charges against the 27-year-old man.</p>

<p>Prosecutors conceded that there was child abuse in the incident, but that it was not severe enough for the man to go to prison, especially since he did not have a criminal record, the newspaper reported. Had the man been charged, it would have been a child abuse case. <a>Jacksonville Child Abuse Cases</a> vary in severity, but have one thing in common: All are felonies and would have the man facing serious time in state prison. A Jacksonville Child Abuse Case can be anywhere from a third-degree felony punishable by up to five years in state prison, on up to a first-degree felony with a maximum of 30 years in prison.</p>

<p>The state takes a variety of factors into consideration when deciding whether or not to file a Jacksonville Child Abuse Case. In this case, the suspect argued he was not trying to hurt the boy, but instead teach him that if he fell down the ramp, he’d survive, and there was nothing to be afraid of. The Florida Department of Children and Families also did its own investigation and the man has since completed anger management courses, which prosecutors cited in their decision not to prosecute. Also, the boy’s mother – who is the wife of the defendant – did not want the state to prosecute the case. Now, the victim’s family does not always dictate the decision on charging a crime, and nor should it. But the state did the right thing here in considering the wishes of the mother, and paying attention to what really happens to the family if the man is sent to prison for several years.</p>

<p>The state wrote the decision is the difficult spot between protecting children, while still allowing parents some autonomy in how they chose to raise their own children. This Jacksonville Child Abuse Case is an important example of prosecutors looking at the entirety of the case and its impact, rather than rushing to make a move that might be more popular with the public. The video elicits outrage from parents, and rightfully so. But that doesn’t make it criminal. The checks and balances of our criminal justice system are there for a reason.  Our Jacksonville Child Abuse Attorney understands the rights parents have to teach their children in their own way, but also knows the limitations of that right when it comes to the law.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Jacksonville man arrested on child neglect and drug charges after toddler found naked near retention pond]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-on-child-neglect-and-drug-charges-after-toddler-found-naked-near-retention/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/jacksonville-man-arrested-on-child-neglect-and-drug-charges-after-toddler-found-naked-near-retention/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 10 Apr 2014 11:45:28 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>After a naked toddler found wading in a retention pond was brought to safety, police arrested the father on child neglect and drug charges. Police showed pictures of the boy and neighbors directed them to a home with the front door wide open, according to a report in the Florida Times-Union. Police found the father&hellip;</p>
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<p>After a naked toddler found wading in a retention pond was brought to safety, police arrested the father on child neglect and drug charges.  Police showed pictures of the boy and neighbors directed them to a home with the front door wide open, according to a <a>report</a> in the Florida Times-Union. Police found the father asleep on the couch and found marijuana and a pipe in the kitchen, the newspaper reported. The man told police he thought the boy was in his crib, which he likely was before getting out, opening the front door and walking out of the house.</p>

<p>The man is charged with Jacksonville child neglect, possession of marijuana and possession of drug paraphernalia. In <a>Jacksonville Child Abuse / Neglect cases</a>, child neglect is a third-degree felony with a maximum penalty of five years in state prison. Both drug charges are first-degree misdemeanors punishable by up to one year in county jail. While the drug charges are separate charges, the mere presence of the drugs likely also played a significant role in the state choosing to file the Jacksonville Child Neglect Case as well. It is conceivable that the father did fall asleep and did not hear the child climb out of his crib and then open the front door and walk outside. Without the drugs, that sounds like an honest mistake. But add drugs to the equation and people immediately think the father did not wake up because he was under the influence of drugs and the case sounds far more sinister.</p>

<p>In many Jacksonville Drug Crimes Cases, a defendant may be offered pretrial intervention where he or she can take some substance abuse awareness courses, pass a series of drug tests, along with meeting a variety of other conditions and have the charges dropped. Whether the state would do that in a case that also includes Jacksonville Child Abuse Charges is unknown, but the additional charge could be the deal-breaker. Obviously, the more important charge for the defendant to address is the child neglect charge, because it is a felony. A felony conviction can restrict a person’s right to vote and have a firearm, not to mention significantly narrow the number of professions or employers for whom a person could land a job.</p>

<p>This could be a Jacksonville Child Abuse Case where prosecutors would drop the felony charges if the person agrees to plead guilty to the two misdemeanors, It’s highly unlikely the defendant will escape punishment in this Jacksonville Child Abuse case and, in some cases, it’s in the client’s best interest to plead to a misdemeanor and avoid the chance of a felony conviction.  Our Jacksonville Drug Crimes Attorney can look at all of the charges you or your loved one are facing, have an idea of how other similar charges worked out in Jacksonville and the surrounding area, and help you make the best decision about how to proceed with your case.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Two arrested when police find alleged meth lab in St. Johns County home]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/two-arrested-when-police-find-alleged-meth-lab-in-st-johns-county-home/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/two-arrested-when-police-find-alleged-meth-lab-in-st-johns-county-home/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Thu, 27 Feb 2014 11:29:24 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A St. Johns County man and woman are charged with child neglect and felony drug charges after police said they found a methamphetamine lab where a child lived. The two were arrested last week after police were called to investigate a strange smell coming from the home, according to a report in the Florida Times-Union.&hellip;</p>
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<p>A St. Johns County man and woman are charged with child neglect and felony drug charges after police said they found a methamphetamine lab where a child lived.  The two were arrested last week after police were called to investigate a strange smell coming from the home, according to a <a>report</a> in the Florida Times-Union. Police say the smell got stronger once the woman answered the door, the newspaper reported. Police found several items used to make meth and also alleged the drug had recently been produced inside the home.</p>

<p>The suspects are now facing multiple charges in this St. Johns County Drug Crimes case, which could even be enhanced further by the fact the child was in the home. As of now, the charges include child neglect, producing or manufacturing meth, possession of meth, keeping or maintaining a drug dwelling and possession of drug paraphernalia. Production of meth is a second-degree felony, punishable by up to 15 years in state prison, and the drug paraphernalia charge is a misdemeanor, which only exposes the person to time in the county jail – not state prison.  The three other charges are all third-degree felonies, and all have a maximum sentence of up to five years in state prison. So, as of now, the maximum penalty in this St. Johns County Drug Crimes Case is 26 years behind bars. One charge that hasn’t come yet, but is certainly possible given the facts that have been reported, is producing or manufacturing meth in the presence of a child. That St. Johns County Drug Crime becomes a first-degree felony, punishable by up to 30 years in prison – more than anything either suspect is charged with now combined. This could be something the state chooses to file later, or there may be facts of the case – such as the child being dropped off after the production was complete – that prevent the state from charging it that way. Because meth is essentially the product of several harmful chemicals and emits toxic fumes when it is cooked, laws are very strict in St. Johns County Drug Cases involving meth – especially when children are involved. The odors also make it much more difficult to hide, especially when people are cooking the drug in hotels and apartment complexes where other people are often present.</p>

<p>In <a>St. Johns County Drug Crimes</a> Cases, the severity of the charges is determined by the type of drug and the amount. And meth is one drug that carries among the most serious penalties. Any amount of the drug is a felony, and there are multiple charges that almost always come down when police find a meth lab – as these suspects have learned.  Our St. Johns County Drug Crimes Attorney has represented people facing all types of drug charges, from possession of marijuana on up, and knows the ins and outs of the laws and procedures police must follow to prove their case beyond a reasonable doubt.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our St. Johns County Drug Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Child neglect charge against Jacksonville teacher dropped, but district terminates her anyway]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/child-neglect-charge-against-jacksonville-teacher-dropped-but-district-terminates-her-anyway/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/child-neglect-charge-against-jacksonville-teacher-dropped-but-district-terminates-her-anyway/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 21 Feb 2014 12:02:53 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>Even though her child neglect charge was not related to her students and she completed a pretrial intervention program to have the charge dropped, a Jacksonville kindergarten teacher was still fired because of the arrest. The teacher was arrested in June 2013 after she and her husband left their 9-month-old granddaughter in a van by&hellip;</p>
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<p>Even though her child neglect charge was not related to her students and she completed a pretrial intervention program to have the charge dropped, a Jacksonville kindergarten teacher was still fired because of the arrest.  The teacher was arrested in June 2013 after she and her husband left their 9-month-old granddaughter in a van by herself while they went into a grocery store, according to a <a>report</a> in the Florida Times-Union. The teacher told her supervisor about the arrest, which is required by school district policy, but word never travelled to the proper authorities inside the district, the newspaper reported. District officials said they learned of the arrest during a routine update of arrest records for all employees, the newspaper reported, and that’s why it took so long to fire her.</p>

<p>School officials said the teacher accepted responsibility by entering the pretrial program and district policy requires employees to be fired if they have a felony on their record. The teacher is contesting the termination, the newspaper reported. Her attorney is arguing that the crime did not involve a student and, because the charge is dropped, the felony rule does not apply in her case, the newspaper reported. The teacher does not have a previous criminal record, the newspaper reported.</p>

<p>The case exemplifies the difference between punishments levied by Jacksonville Criminal Justice System and by an employer – regardless of whether that employer is private or public. Crimes must be able to be proven beyond a reasonable doubt. That is not the case for employers. Public employees, such as teachers and police officers, do have more rights in their employment than would someone working for a private company, but the employer still has more discretion than the legal system. A similar scenario played out in Clay County earlier this year, when a school bus driver was <a>fired</a> for alleged abuse of a student, but prosecutors chose not to file charges.</p>

<p>There are many options in <a>Jacksonville Felony Crimes</a> Cases for people who have not been in trouble before. There are pretrial diversion programs (referred to as Jacksonville PTI) when people have a series of classes or steps they must complete before the charge is dropped. The programs are there so people can take their punishment and move on with their lives, so one false move doesn’t bring everything else to a screeching halt. If you or a loved one is arrested, a Jacksonville Criminal Defense Attorney can work to negotiate an agreement where the charge can be dropped if certain conditions are met. No agreement can guarantee an employer will accept it, but a dropped charge is definitely more likely to be accepted than a felony conviction.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Criminal Defense Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Dismissed Clay County teacher reaches deal to avoid prosecution on child abuse charge]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/dismissed-clay-county-teacher-reaches-deal-to-avoid-prosecution-on-child-abuse-charge/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/dismissed-clay-county-teacher-reaches-deal-to-avoid-prosecution-on-child-abuse-charge/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 17 Jun 2013 11:33:59 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Clay County middle school teacher accused of putting a student in a choke hold has accepted a plea deal on a Clay County child abuse charge that would end the case, provided he meets certain conditions. Michael Ford was charged in April with child abuse without causing great bodily harm, accused of putting a&hellip;</p>
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<p>A Clay County middle school teacher accused of putting a student in a choke hold has accepted a plea deal on a Clay County child abuse charge that would end the case, provided he meets certain conditions.  Michael Ford was charged in April with child abuse without causing great bodily harm, accused of putting a 13-year-old student in a choke hold and pushing him into a railing, according to a <a>report</a> in the Florida Times-Union. Ford was fired by the Clay County School Board and was facing a third-degree felony in Florida, punishable by up to five years in state prison.</p>

<p>The state now has agreed to place Ford in a pre-trial diversion program, where he has to meet a variety of requirements. If he does, the state will not proceed with the <a>Clay County Child Abuse</a> Case against him. This is fairly common in drug cases for first-time offenders and seems to be a reasonable conclusion to this Clay County Child Abuse case. Ford does not have a criminal record, according to media reports at the time of his arrest, and was charged with a crime for the first time at age 42. The circumstances that led to his arrest were clearly part of his job as a middle school gym teacher and, quite frankly, may have been handled best internally without getting the court system involved. But, schools do have an obligation to protect students and it was likely with an abundance of caution that they called police.</p>

<p>Ford’s obligations in order to have the charge dropped likely include anger management classes and the standard requirements of not picking up and further arrests and passing regular drug tests. Ford is also appealing the school board decision to fire him, the newspaper reported. His job status may have been part of the motivation to take the state’s plea offer in an effort to resolve the Clay County Child Abuse Case as quickly as possible. It’s highly unlikely the board would reinstate Ford while he still has Clay County felony charges pending. But now, he has the agreement in place to put the case behind him and at least accepted some responsibility, which may help in the minds of the board. Pre-trial diversion (also referred to as Duval, Clay and Nassau County PTI) can be very beneficial for people charged with a crime, especially when they are first-time offenders. It can be a means to quickly resolve cases and get the defendant back to his or her normal life as quickly as possible. Unfortunately in our legal system, getting a case to trial takes time. It’s highly unlikely Ford’s case would be wrapped up in two months without this plea agreement. From all media accounts regarding the case, Ford will likely have little problem meeting the pre-trial diversion requirements in this Clay County Child Abuse case and can focus on trying to get his job back.</p>

<p>If you or a loved one needs a criminal defense attorney in Clay County or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Clay County Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Child care operator charged after Jacksonville toddler drowns in pool]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/child-care-operator-charged-after-jacksonville-toddler-drowns-in-pool/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/child-care-operator-charged-after-jacksonville-toddler-drowns-in-pool/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 07 Jun 2013 09:22:17 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Jacksonville day care operator was arrested on a manslaughter charge last week after a 2-year-old boy drowned in a pool on her property last month. The charges were announced three days after the boy died, according to a report in the Florida Times-Union. Jan Marie Buchanan was charged with aggravated manslaughter of a child,&hellip;</p>
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<p>A Jacksonville day care operator was arrested on a manslaughter charge last week after a 2-year-old boy drowned in a pool on her property last month. The charges were announced three days after the boy died, according to a <a>report</a> in the Florida Times-Union.  Jan Marie Buchanan was charged with aggravated manslaughter of a child, a first degree felony punishable by up to 30 years in prison. She is also charged with operating a child care center without a license, though she was in the process of seeking a license, the newspaper reported. Operating a child care without a license is a misdemeanor with a maximum penalty of a year in the county jail, so the manslaughter charge is obviously the key charge in this <a>Jacksonville Child Abuse</a> Case. Buchanan was being held in the Duval County jail on a $250,000 bond, meaning it would take $25,000 for her to be released awaiting a trial.</p>

<p>Buchanan told police she had been swimming with the seven children in her care and then brought them all inside, the newspaper reported. She went to go change an infant and, while she did, the boy made it outside through a six or seven-inch opening by a sliding glass door. The lock to the gate to the pool was broken and the alarm that sounds when anyone enters the pool had been turned off due to rain the night before, the newspaper reported. The facts sound as if Buchanan normally took necessary precautions to protect the children in her care, but that this was a perfect storm of events that led to the death of the young boy. This is not a Jacksonville Child Abuse Case where a day care operator is hitting or physically abusing children. And while a license likely would not have prevented the boy’s death, the lack of a license was probably a significant factor in the state filing the charges – and could be a reason they may choose not to negotiate.</p>

<p>The boy’s parents have been supportive of the day care on their Facebook pages, but did not comment to the newspaper once charges were announced. It will be interesting to see if these charges end up being reduced at all in this Jacksonville Child Abuse Case. While the victim or, in this case the family of the victim, doesn’t drive the bus in terms of the level of charges, prosecutors definitely keep their victims’ wishes in mind when making filing and charging decisions. As time and reality sets in, the family may be more willing to see her prosecuted. Or the state may decide, as they say in many cases, that they are looking out for the victim and are the only ones who can see to it that justice is served.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Jacksonville Child Abuse Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Clay County gym teacher charged with child abuse]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-gym-teacher-charged-with-child-abuse/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/clay-county-gym-teacher-charged-with-child-abuse/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Mon, 15 Apr 2013 10:01:14 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A Clay County junior high school teacher was arrested on a felony child abuse charge last week, accused of putting a 13-year-old student in a choke hold during a confrontation. The incident began when gym teacher Michael Ford, 42, accused the student of breaking a chair, which the student denied, according to a report in&hellip;</p>
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<p>A Clay County junior high school teacher was arrested on a felony child abuse charge last week, accused of putting a 13-year-old student in a choke hold during a confrontation.  The incident began when gym teacher Michael Ford, 42, accused the student of breaking a chair, which the student denied, according to a <a>report</a> in the Florida Times-Union. Ford is accused of threatening that the student would end up in the hospital if Ford’s truck was spray-painted and, after the student swore at the teacher, Ford then put the student in a choke hold and shoved him against a railing, the newspaper reported.</p>

<p>Ford was charged with child abuse without causing great bodily harm in Florida, a third-degree felony punishable by up to five years in state prison.  Had the student suffered a serious injury or permanent disability or disfigurement, Ford could have been charged with a second-degree felony and would have been facing up to 15 years in prison. Ford was released on bail following his arrest in this <a>Clay County Child Abuse</a> case and has been on paid leave from the Clay County schools since April 3, a day after the alleged incident, the newspaper reported.  While it’s not entirely uncommon for a teacher to be disciplined and even terminated for inappropriate behavior or losing his or her temper with a student, criminal charges are rare. There are three types of acts that would qualify as child abuse.  In this Clay County Child Abuse case, the state will likely try to prove that Ford committed “an intentional act that could reasonably be expected to result in physical or mental injury to a child.”</p>

<p>Now, a possible defense for Ford in this Clay County Child Abuse Case is that he used enough force to detain and make his point with the student and intentionally did not hold on long enough or hard enough to injure the child. If he was trying to hurt the student, the defense may argue, Ford would have – especially since he’s a grown man and the student is only 13.  Regardless, Ford’s teaching days in Clay County are likely over just because of these allegations.  He has been with the district since, 2004, but was disciplined in November for making inappropriate comments to students, the newspaper reported. From the perspective of a Clay County Criminal Defense Attorney, there is a significant difference between what the school district chooses to do and what is proper in a court of law. Employers can factor in the example the teacher is setting, precedent from similar issues, etc., when making a decision on keeping an employee. The standard is far higher in a criminal courtroom. The Clay County Child Abuse Charges against Ford must be proven beyond a reasonable doubt for him to be found guilty as charged.</p>

<p>If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a FREE CONSULTATION. Our Duval County Violent Crimes Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Woman gets 14 years in prison for child neglect after not stopping her granddaughter’s molestation]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-gets-14-years-in-prison-for-child-neglect-after-not-stopping-her-granddaughters-molestation/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/woman-gets-14-years-in-prison-for-child-neglect-after-not-stopping-her-granddaughters-molestation/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Fri, 18 Jan 2013 13:32:54 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                    <category><![CDATA[Sex Crimes in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>A grandmother was sentenced to 14 years on prison after pleading guilty to child neglect in Jacksonville, one of several family members charged after her granddaughter was molested by a known sex offender. Patricia Woloszynowski, 63, was the third person to be sentenced – and the third who was not directly involved in the molesting&hellip;</p>
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<p>A grandmother was sentenced to 14 years on prison after pleading guilty to child neglect in Jacksonville, one of several family members charged after her granddaughter was molested by a known sex offender.  Patricia Woloszynowski, 63, was the third person to be sentenced – and the third who was not directly involved in the molesting the pre-teen girl, according to a <a>report</a> in the Florida Times-Union.</p>

<p>Robert Young, 53, was found guilty of lewd and lascivious acts on a minor and will be sentenced next week.  Woloszynowski owns a home on Jacksonville’s Westside and was living there with her daughter, son-in-law and granddaughter, the newspaper reported. The family then allowed Young, convicted on sexual battery on a child in 1991, to live in the home and sleep in the same bed as the granddaughter. The girl’s father has already received six life sentences and her mother was sentenced to 30 years. Prosecutors said the family ignored the abuse because they were unemployed and Young was paying their bills and driving them around in his car, the newspaper reported.</p>

<p>This <a>Duval County Child Neglect</a> case is an example of how a person does not have to commit the actual crime in question to be found guilty of another crime. Family members were charged with various counts of Jacksonville sexual battery, molestation and child neglect and child abuse for ignoring the molestation and allowing it to happen. They were responsible for the well-being of the child and failed in that responsibility, according to the state.</p>

<p>In some ways, the law is similar to the felony murder law in the state of Florida. Florida law allows for someone to be charged with murder if they are committing a felony when someone is killed. For example, if someone robs a gas station and the clerk dies of a heart attack, the armed robber could then be charged with murder. The same is true in the case where the family members turned a blind eye to Young’s molestation. Woloszynowski was originally charged with five counts of Duval County sexual battery on a defendant younger than 12 and one count each of lewd or lascivious molestation and child neglect, but worked a deal to plead only to the child neglect charge. The judge reluctantly allowed the plea because of her age and the fact she did not have a criminal record, the newspaper reported.</p>

<p>And the case shows that what some people may see only as an immoral act can also be interpreted as an illegal act by the criminal justice system. And penalties can be severe, regardless if you are the person who committed the actual crime. If you suspect police want to talk to you about an indirect role you may have in any crime, you should contact a Jacksonville criminal defense attorney immediately.</p>

<p>If you or a loved one needs a criminal defense attorney in Duval County or the surrounding area, call <a>The Mussallem Law Firm</a> at (904) 365-5200 for a Free Consultation. Our Jacksonville Criminal Defense Attorney, Victoria “Tori” Mussallem, is available 24 hours a day, 7 days a week.</p>

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                <title><![CDATA[Law in Georgia makes it a crime to remain silent about possible child abuse]]></title>
                <link>https://www.jacksonvillecriminaldefenselawyer.com/blog/law-in-georgia-makes-it-a-crime-to-remain-silent-about-possible-child-abuse/</link>
                <guid isPermaLink="true">https://www.jacksonvillecriminaldefenselawyer.com/blog/law-in-georgia-makes-it-a-crime-to-remain-silent-about-possible-child-abuse/</guid>
                <dc:creator><![CDATA[The Mussallem Law Firm]]></dc:creator>
                <pubDate>Sun, 01 Jul 2012 10:00:29 GMT</pubDate>
                
                    <category><![CDATA[Child Abuse in Jacksonville]]></category>
                
                
                
                
                <description><![CDATA[<p>Child abuse charges are serious accusations in Jacksonville and every city in the country. Allegations of violence against children are often felony charges that carry not only possible prison time, but a lifetime of having a “violent” criminal history. The state of Georgia has made it a crime to fail to report signs of child&hellip;</p>
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<p><a>Child abuse charges</a> are serious accusations in Jacksonville and every city in the country.  Allegations of violence against children are often felony charges that carry not only possible prison time, but a lifetime of having a “violent” criminal history.  The state of Georgia has made it a crime to fail to report signs of child abuse on children.  According to an <a>article</a> in The Florida Times Union, people who work with children (coaches, volunteers, scout leaders) must call the police if they suspect someone is abusing a child.  If the person fails to report within twenty-four hours, that person is facing a misdemeanor charge and up to one year in jail.</p>

<p>While there is no specific law like this in Florida that applies to all people who work with children, teachers and doctors must report suspected child abuse to the police of the <a>Florida Department of Children and Families</a>.  When representing a client on child abuse charges in Duval County, the case often starts with a call from a professional to the authorities.  The Department, also referred to as DCF, gets involved and interviews the child.  DCF will then call the police and the officer will question the child or take the child to the First Coast Child Protection Team to be interviewed.  After the interview is conducted, the police will attempt to call the suspect.  If you are accused of child abuse charges in Duval, Clay or Nassau County, call a Jacksonville Child Abuse Attorney immediately.  Even before you speak to the police.  Anything you say to them can and <u>will</u> be used against you.</p>

<p>Child abuse in Jacksonville is defined as the intentional infliction of physical or mental injury on a child, committing an intentional act that could be expected to result in physical or mental injury to the child or actively encouraging anyone to commit an act that could cause injury to a child.  If convicted of this child violence charge in Florida, the maximum punishment is five years in prison.  There is also an elevated abuse charge called Aggravated Child Abuse.  This Jacksonville abuse charge is committed when someone commits a Jacksonville aggravated battery on a child, willfully tortures, maliciously punishes, or cages a child.  You can also be convicted of this Duval County crime if your abuse of the child causes great bodily harm or permanent disability or disfigurement.  If you are convicted of an Aggravated Child Abuse in Florida, you are facing up to thirty years in prison because the charge is a first degree felony.</p>

<p>Our Child Abuse Attorney in Jacksonville, Victoria “Tori” Mussallem is experienced in defending people accused of committing crimes against children.  She aggressively defends people charged with all crimes.  Call <a>The Mussallem Law Firm</a> today at (904) 365-5200 for a FREE CONSULTATION.  Our Duval Abuse Attorney is available 24 hours a day, 7 days a week.</p>

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