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Los Angeles Child Abuse Defense Attorney, Cyrus Tabibnia


Child abuse is a crime that is rightly condemned by society. However, it is important to recognize that abuse allegations are not always clear-cut or fair. Sometimes, false accusations can arise, accidents can be misconstrued, or necessary disciplinary actions can be blown out of proportion, leading to innocent individuals being wrongly accused and facing imprisonment.

Unfortunately, those accused of child abuse or child endangerment often find themselves presumed guilty until proven innocent. This can be particularly devastating for parents who have to navigate two separate legal proceedings: criminal prosecution in regular courts and interference with their parental rights in dependency courts, also known as “Children’s Court.”

While the law allows parents to use physical force as a means of disciplining their children, there are situations where the use of force can lead to domestic violence charges. In California, inflicting physical punishment on a child, commonly known as child abuse, is a criminal offense.

It can be charged as either a felony or a misdemeanor under California Penal Code Section 273d PC. If you find yourself facing child abuse charges in Los Angeles, it is crucial to seek the assistance of an experienced child abuse defense lawyer who can provide knowledgeable guidance and representation.

At this time, we encourage you to reach out to our skilled child abuse defense lawyer for support and legal representation in your case.

Is Child Abuse (California Penal Code 273d) A Felony or Misdemeanor Crime?

Under California Penal Code Section 273d, as a “wobbler” offense, child abuse can be charged as either a felony or a misdemeanor, depending on the specific circumstances of the case. The prosecution will consider factors such as the severity of the abuse, the harm caused to the child, and any prior convictions. The decision to charge it as a felony or a misdemeanor rests with the prosecuting attorney based on the available evidence and applicable laws.

Child Abuse Arrest And Investigation California

In some cases, when a child abuse case is reported by a mandatory reporter like a teacher or nurse who notices signs of injury or is informed by the child about abuse at home, the police typically become involved. They will initiate an investigation, which often includes interviews with both the parents and the children residing in the household. Simultaneously, the Los Angeles County Department of Children and Family Services (DCFS) will conduct their own investigation and assess the situation. In certain circumstances, if the safety of the children is deemed at risk, DCFS may recommend removing them from the home and placing them in a secure environment.

The case will then be forwarded to the prosecutor’s office, where it will undergo a thorough review for potential criminal charges. Depending on the severity of the alleged abuse or if the defendant has a history of violent behavior, the prosecutor may opt to file felony child abuse charges. However, in other situations, the prosecutor may choose to pursue misdemeanor charges instead. The decision regarding the level of charges is based on the specific circumstances and evidence gathered during the investigation.

Penalties For Child Abuse California

Child abuse convictions in California, even for a first offense, can carry severe penalties including incarceration, fines, court-ordered counseling, restraining orders, and probation. The consequences are typically more severe for felony convictions compared to misdemeanor convictions for child abuse, similar to how punishments for domestic violence in Los Angeles are treated.

For a misdemeanor child abuse charge in California, the potential penalties are as follows:

  • Up to 1 year in county jail.
  • Mandatory minimum period of summary or unsupervised probation lasting 3 years.
  • Issuance of a restraining order or criminal protective order to safeguard the victim from further acts of violence or threats, possibly resulting in exclusion from your residence.
  • Required completion of a 52-week court-ordered Child Abuser’s Treatment Program with regular appearances in court to demonstrate progress in treatment.
  • Random drug testing if the child abuse charges involve allegations of being under the influence of alcohol or drugs during the incident.

For a felony child abuse charge in California carries the following potential penalties:

  • Up to 6 years in state prison
  • Maximum fine of $6,000
  • Mandatory minimum term of formal probation, known as “Felony Probation,” lasting 3 years
  • Imposition of a criminal protective order with stay-away conditions and firearm restrictions
  • Mandatory completion of a 52-week Child Abuser’s Treatment Program or parenting classes with progress appearances in court every 3 months
  • Probation department-conducted random drug testing if drug or alcohol intoxication played a role in your case.

Defenses For Child Abuse Crime in Los Angeles, California

Defending against child abuse charges in Los Angeles involves employing various strategies tailored to the specific circumstances of the case. It is vital to consult with a knowledgeable attorney who can assess your situation and determine the most effective defense strategies. Here are some common defenses used in child abuse cases:

  • False allegations: False accusations of child abuse can occur, and a defense strategy may involve presenting evidence that challenges the credibility or inconsistencies in the accuser’s claims.
  • Lack of intent: Child abuse charges typically require proof of intentional harm or willful misconduct. A defense may argue that the alleged actions were accidental or unintentional, indicating a lack of intent to cause harm.
  • Parental discipline: California law permits reasonable and appropriate physical discipline by parents or guardians. A defense can assert that the actions in question were within the boundaries of acceptable parental discipline.
  • Insufficient evidence: The prosecution must prove the elements of child abuse beyond a reasonable doubt. A defense attorney may challenge the case if there is insufficient substantial evidence to support the allegations.
  • Mental health or psychological issues: In certain instances, the defense may present evidence of the defendant’s mental health or psychological condition, showing that it influenced their behavior or perception in a way that does not align with the alleged abuse.
  • Constitutional rights violations: If law enforcement or investigators obtained evidence in violation of the defendant’s constitutional rights, such as an illegal search or seizure, the defense can argue for the exclusion of that evidence from court proceedings.

These defenses serve as examples, and the appropriate strategy will depend on the unique circumstances of each case. It is crucial to work closely with an experienced child abuse defense attorney who can analyze the facts, build a strong defense, and protect your rights throughout the legal process.

Child Abuse Defense Lawyer Cyrus Tabibnia Can Help

When facing child abuse allegations in Los Angeles, it is crucial to seek the assistance of a skilled child abuse defense lawyer like Cyrus Tabibnia. Here are some reasons why contacting Cyrus Tabibnia for your defense is beneficial:

  • Experience and Expertise: Cyrus Tabibnia is an experienced attorney with a deep understanding of child abuse laws in California. He has handled numerous child abuse cases and has a comprehensive knowledge of the legal complexities involved.
  • Strong Legal Representation: Cyrus Tabibnia is committed to providing strong legal representation to his clients. He will work tirelessly to build a solid defense strategy tailored to the specific details of your case, ensuring your rights are protected.
  • Knowledge of the Legal System: Navigating the legal system can be challenging, especially in sensitive cases like child abuse. Cyrus Tabibnia has a thorough understanding of the legal processes, procedures, and local court systems in Los Angeles. He can guide you through each step of the legal proceedings.
  • Comprehensive Case Evaluation: Cyrus Tabibnia will conduct a detailed evaluation of your case, examining the evidence, witness testimonies, and any mitigating factors. This evaluation allows him to develop a strategic defense approach focused on achieving the best possible outcome for your situation.
  • Personalized Attention: Cyrus Tabibnia understands the sensitive and emotional nature of child abuse cases. He provides personalized attention and support to his clients, ensuring that they are well-informed and involved throughout the legal process. He will listen to your concerns, answer your questions, and provide compassionate guidance.
  • Dedicated to Your Rights and Future: Cyrus Tabibnia is dedicated to protecting your rights and fighting for your future. He will vigorously challenge the prosecution’s case, advocate for your innocence, and strive to minimize the potential consequences you may face.

By contacting Cyrus Tabibnia, you can benefit from his expertise, guidance, and unwavering commitment to providing a strong defense in child abuse cases. He understands the serious nature of this offense, how best to defend you, and how to resolve your case without you going to jail.

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    EXCELLENT rating
    Based on 24 reviews
    I had the pleasure of working with the Cyrus at Tabibnia Law on my case and I could not have been more pleased with the results. From the start, he gave my case the time and attention it deserved and showed a deep understanding and knowledge of the law. He provided clear guidance through the entire process and was always available to answer questions and provide legal advice. He really went the extra mile to make sure I got the best possible outcome and was extremely understanding and patient, always taking the time to explain the details and nuances of the law to me. I am very grateful for his expertise and the care they took in my case and it was definitely worth every penny. I highly recommend his services and would not hesitate to use him again in the future. Tabibnia Law is truly a top-notch law firm and I am so thankful to have worked with them.
    F V
    F V
    15 March 2023
    Having never needed a lawyer before, and being very scared and confused, I reached out to Cyrus after reading some outstanding reviews online. Cyrus gave me peace of mind and made me feel like I was in good hands. I highly recommend and I will probably use them again for any future legal needs that may arise. Thank you Cyrus.
    Ehab Totri
    Ehab Totri
    9 March 2023
    HIGHLY RECOMMEND CYRUS! I have been working with Cyrus on a bank fraud case and you will not be disappointed. He is nice and very humble. I never had a problem trying to get a hold of him. Cyrus is in top of your case and answers to emails/text messages promptly. Well talented attorney and his professionalism is to the next level. He is affordable and would work with you depending on your situation.
    13 September 2022
    This correspondence shall serve to memorialize that Cyrus is a excellent attorney, I recommend Cyrus because he is intuitive and has great communication skills. Cyrus is very honest and will never drag a case just to make more money
    Bobby Vafa
    Bobby Vafa
    29 July 2022
    I am here, writing on the behalf of Mr. Cyrus Tabibnia. From the very first moment we formally introduced ourselves to one another, I felt nothing but sincerity and authenticity from this man. At that very moment I knew, that this was the person ideal to represent me and to do diligence. In which in fact he did do so. He was able to significantly get my DUI and Car Theft charges reduced from felonies to misdemeanors and with one case, completely dismissed. I was not only impressed and satisfied completely, but I was not suprised one bit with the outcome. I highly suggest this gentlemen if you are in deed seeking counsel from someone who legitimately cares, and who will go the extra mile and above and beyond for you.
    DJ Cab
    DJ Cab
    7 July 2022
    I was referred to Cyrus Tabibnia through a friend of mine that Cyrus had assisted in the past. The minute that I sat down with the attorney Cyrus Tabibnia for a consultation. I knew that he was the right attorney for my case. I noticed that he was very thorough and technical from the very beginning of our interaction. I was facing deportation for an assault case in which I was clearly defending myself. The ending result was a dismissal and removal of a restraining order after proving that it was a clear case of self defense. Now, thanks to Cyrus I can clearly go back to work and my family. Without worrying about this incident staying on my record. I strongly recommend Cyrus Tabibnia to anyone that is facing legal issues.
    Herbert Herrera
    Herbert Herrera
    27 May 2022
    I’m writing this review with tears in my eyes. I can’t find words to describe my gratitude to Lawyer Cyrus. He became the Cyrus that conquered the city of Babylon who built Jehovah’s house in Jerusalem during biblical times. He gave hope and a new life beginning to the Jews. This is exactly what Lawyer Cyrus meant to my family. He was always wearing his armor ready to defend my husband. This times were very difficult because it happened during the pandemic. I just want to say that he always made me feel like I had a warrior who knew exactly what to say to make my stress, worries and pain go away. And, most importantly he knew what he was doing. After, a battle of almost two years, he did it!!!! He won!!! Thank you from the bottom of my heart!!!
    Maria Arteaga
    Maria Arteaga
    27 May 2022
    My name is Salvador. I was charged with a DUI case in 2021. A close friend of mine recommended that I hire Cyrus Tabibnia. My friend had previously hired Mr. Tabibnia for a criminal case and was very satisfied with his work. I consider myself very blessed and grateful to have met and worked with Mr. Tabibnia. He was a very effective lawyer with great customer service and he obtained excellent results for me on my DUI case and on my DMV license issue. I was very concerned about this case for many reasons, but Mr. Tabibnia explained everything, put me at ease and got me a wonderful outcome! I highly recommend Mr. Tabibnia if you need a great lawyer!"
    Salvador Rivera
    Salvador Rivera
    17 May 2022
    I was a client of this firm and Attorney Cyrus Tabibnia handled my case so professionally. I appreciate all the hard work, time and dedication he took to help me reach the best outcome for myself
    Crystal Gonzalez
    Crystal Gonzalez
    22 April 2022