What Should I Do If I'm Falsely Accused of Corporal Punishment of a Child in California?

Attorney Answer

Being accused of corporal punishment of a child is serious in California, but a false accusation is a defense you can and should build carefully, starting with getting a lawyer before you say anything more to anyone investigating this.

California Penal Code section 273d makes it a crime to inflict corporal punishment or injury on a child that results in a traumatic condition, and prosecutors can charge it as either a misdemeanor or a felony depending on the facts. California law also recognizes that reasonable, non-excessive physical discipline by a parent or guardian is not automatically a crime. The legal line is generally drawn at whether the force used was reasonable under the circumstances and whether it caused an injury. Since you are saying the allegations themselves are false, your defense may focus on what actually happened, not just on where that line falls.

If Child Protective Services is also involved, you may be dealing with two separate tracks at once: a criminal investigation or charge, and a separate child welfare process that could lead to a dependency case in juvenile court under Welfare and Institutions Code section 300 if a social worker believes the child is at risk. These two processes have different rules, different timelines, and sometimes different attorneys, so do not assume resolving one automatically resolves the other.

What to do right now:

1. Do not speak with police, CPS investigators, or the person making the allegations about what happened without a lawyer present, even if you believe you can clear things up yourself. 2. Do not discuss the situation on social media or with mutual contacts, since anything you say can be used against you. 3. Do not write out your own account of what happened. Notes you create yourself are not protected by attorney-client privilege, can be seized or subpoenaed, and can be used to impeach you if your testimony later differs. Instead preserve the records that already exist — texts, call logs, emails, receipts, photos and location history — along with the names and contact details of any witnesses, and give your account to your attorney verbally. 4. Contact a California criminal defense attorney immediately, and ask specifically whether you also need separate counsel for any CPS or dependency proceeding. 5. Follow any instructions from CPS about supervised contact carefully, even while you dispute the allegations, since violating an interim safety plan can complicate your case regardless of the truth.

This is general legal information, not legal advice. Given how quickly both criminal and child welfare cases can move, and how much depends on the specific facts here, talk to a California criminal defense attorney as soon as possible.