What the Prosecution Needs to Prove
Child abuse need not be intentional to be criminal. Neglect and reckless endangerment are also grounds for prosecution. In such cases, the prosecutor must prove that physical or emotional harm resulted from a parent’s or caregiver’s failure to protect the child.
Intentional and knowing acts of abuse are often difficult to prove, especially when based on the child victim’s uncorroborated testimony. A child psychologist or other expert is sometimes called on to help evaluate and clarify the child’s account. However, most states, including Arizona, do not allow an expert witness to give an opinion about the child’s credibility.
When serious emotional damage is alleged, it must be diagnosed by a medical doctor or psychologist based on evidence of severe anxiety, depression, withdrawal, or untoward aggressive behavior.
Providing a Vigorous Defense to Child Abuse Charges
Whether child abuse is alleged to have been intentional, reckless, or negligent, an experienced Yuma child abuse defense attorney will force the prosecutor to prove the case beyond a reasonable doubt. This involves casting doubt on the testimony of witnesses, including the child, and revealing possible fabrications or exaggerations. Another element of a strong defense is positive proof of a loving and caring relationship that weakens the credibility of allegations of abuse. As a former prosecutor, Attorney Hineman knows how to spot holes in the state’s case and to rebut the evidence without attacking the child victim.
Rely on our broad experience and diligent representation. Call (928) 224-3230 when you’ve been accused or arrested.