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Permitting Child Abuse

Most people assume that you can only go to jail if you do something illegal. But in some cases, you can get punished just for allowing something illegal to happen. With permitting child abuse, you can face felony charges even if you never laid your hand on a child. As long as there is evidence that you knowingly allowed a child to be harmed by someone else, you could face serious criminal penalties.

It’s never easy being accused of a crime, but when the crime in question involves the mistreatment of a child, you can expect the odds to be stacked against you when you face the criminal justice system. The prosecutor will vigorously seek your conviction, and the judge will give you a harsh sentence if you lose your case. With so much at stake, you will need the assistance of a seasoned Cincinnati child abuse lawyer to avoid the devastating penalties of a conviction.

Call Luftman, Heck & Associates today at .

How Does Ohio Define Permitting Child Abuse?

According to Ohio Revised Code section 2903.15, permitting child abuse occurs when a parent, guardian, or other person having custody of a child under 18 (or of a mentally or physically handicapped child under 21 years of age) allows the child to be abused, tortured, restrained, or disciplined in manner that results in:

  • Serious physical harm to the child
  • The child’s death

The physical discipline or restraining of the child must be cruel or prolonged to substantiate a charge of permitting child abuse.

Permitting child abuse is a felony of the third degree involving one to five years in prison along with possible fines of up to $10,000. If the child abuse results in a child’s death, however, the offense becomes a felony of the first degree punishable by three to 11 years in prison and fines reaching $20,000. In addition to these criminal penalties, a conviction for permitting child abuse may result in any of the following collateral consequences:

  • A permanent criminal record that can severely affect your ability to get a good job
  • Exclusion from certain professions requiring a license
  • Revoked right to own firearms
  • Restricted voting rights
  • If you’re an immigrant, you may be deported
  • Lost custody of your child

Defending Your Permitting Child Abuse Case

Owing to the harsh consequences of a permitting child abuse conviction, you should retain the services of a skilled and experienced Cincinnati child abuse lawyer to defend your case. The prosecutor may have told you that your best option is to plead guilty. But this is almost never the case. Do not accept any plea offers before consulting with a lawyer, as there may be several defense strategies available to you.

The prosecutor will need to prove every element of the case against you beyond a reasonable doubt in order to obtain your conviction. In the context of a permitting child abuse case, the prosecutor’s hardest task is to show that you knew of and allowed the child abuse to happen. The prosecutor may try to use your own statements, witness testimony, or circumstantial evidence to demonstrate your knowledge of the abuse. A good defense attorney can point out how the prosecutor’s evidence leaves some doubt as to whether you knew of and allowed the abuse to happen.

If you’ve been charged with permitting child abuse, your freedom, reputation, and finances are all at stake. To secure your future, you should act fast and get a Cincinnati criminal defense lawyer on your side. At Luftman, Heck & Associates, we are dedicated to bringing our clients’ cases to positive resolutions.

To find out how we can help in your specific case, call us today at for your free and confidential consultation.