Jacksonville Criminal Defense Attorney Blog

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 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.

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 Clay County Child Abuse 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."

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.

If you or a loved one needs a criminal defense attorney in Jacksonville or the surrounding area, call The Mussallem Law Firm 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.

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 report in the Florida Times-Union.

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.

This Duval County Child Neglect 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.

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.

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.

If you or a loved one needs a criminal defense attorney in Duval County or the surrounding area, call The Mussallem Law Firm 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.

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 abuse on children. According to an article 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.

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 Florida Department of Children and Families. 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 will be used against you.

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.

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 The Mussallem Law Firm today at (904) 365-5200 for a FREE CONSULTATION. Our Duval Abuse Attorney is available 24 hours a day, 7 days a week.