Child Abuse In California – Penal Code 273 d PC

When you work with our team, we will guide you through each step of the bail bonds process, from the initial arrest to your bail bond being exonerated.

Our bail bondsman’s goal is to help you get your friend or loved one out of jail as quickly as possible.

The Bail Bonds Process

When in prison for a domestic abuse charge such as child abuse, an individual should try to get out quickly. Here is the most common process people go through, from arrest to getting out on bail:

  1. You are arrested on a domestic violence charge.
  2. The next morning, you must appear before a judge who will go over your case, dictate a penalty, and set bail if the sentence includes jail time.
  3. The bail amount will depend on factors such as criminal history and the seriousness of the charge.
  4. Your loved ones might want to get you out of jail, but not have enough money to post bail.
  5. They can contact a bail agency for help, which usually requires them to put down a percentage of the amount (sometimes 10%, but this can vary depending on the charges).
  6. The person who is interested in bailing you out (known as a co-signer or indemnitor) has the legal responsibility for the bail bond and is responsible for the defendant’s appearing in court.
  7. Even if your loved ones still don’t have enough money to put this percentage down, they can use a valuable item as collateral, like a car, while the rest is paid in cash.
  8. After the bond agency accepts the payment, they begin working on the indemnity agreement paperwork and contacting the jail where you are detained to arrange your release.
  9. A bail bond agent from the agency will take care of the rest, posting bail at the prison where you are arrested and securing your release.
  10. Please remember that although this process can be completed if everything’s done correctly, an agency cannot begin working until the defendant has been through the process of arrest and booking, which can take longer.

Recently there has been increased attention brought to domestic violence cases from the media, lawmakers, and society, resulting in strict penalties for anyone convicted, so your process may vary or may even be altered by the notoriety of your charge.

How Much Is Bail For Child Abuse?

The exact charges a person faces if they get arrested in a domestic violence situation will depend on what they did specifically.

In most states, depending on the circumstances, child neglect may be prosecuted as either a crime or a less severe offense. The most severe cases can carry harsh sentences of child abuse, including life sentences of a felony. In contrast, the least serious cases are considered misdemeanors, which could potentially lead to no prison term. Typically, punishment will be more severe if the offender has a prior record of activity involving criminal child abuse and significantly reduced if there is no previous record.

A person charged with child abuse may plead guilty, not guilty, or have no contest for sentencing purposes. In many cases, sentencing may include probation or up to five years in prison. Sentencing could consist of a longer prison term in more serious cases. If the child abuse results in a misdemeanor, the sentence will be up to 6 months in prison and up to $1,000 in fine. The cost of most bail bond amounts is 10 percent of the total amount of the bail. If the bond has been paid, a bond will be posted, and the inmate will be released from jail to wait for a court hearing.

What Is Considered Child Abuse?

In California, there are various recognized types of child abuse, 1) physical abuse, 2) mental or emotional abuse, 3) neglect or sexual abuse, and 3) substance abuse. Child abuse can take many different forms and involves anything done to cause immediate harm to a child either openly or secretly.

Child abuse is recognized as a serious crime in California and the US. Many abused children experience deep psychological problems that keep them troubled for the rest of their lives. Any kind of child abuse is a serious and punishable offense. It is up to the court to look into all the evidence and decide on the punishment for a defendant.

Child abuse occurs whenever a parent or caretaker abuses, neglects or abandons a child, and causes physical, emotional, or sexual harm—under § 11164 of the Penal Code. While parents are entitled to raise and discipline their children as they see fit, child abuse laws aim to protect children from serious harm. In the US only, more than 3 million child abuse reports are made each year, involving nearly 6 million children.

The wide range of punishments and sentences for child abuse depends on several factors, such as:

  • The environment the violence happened in.
  • The child’s age.
  • The type of sexual misconduct that was involved in the offense.
  • Whether the child suffered physical or mental injury; and
  • The offender’s criminal history.

Examples of Child Abuse Under California Law

The most prevalent form of child abuse is neglect, accompanied by physical abuse, sexual abuse, psychological abuse, and medical negligence. Some examples of child abuse are:

Emotional abuse

  • Belittling, shaming, and humiliating
  • Calling names and unfavorable comparisons to others
  • Telling a child, they’re “worthless,” “bad,” or “a mistake”
  • Giving them the silent treatment

Physical abuse 

  • Unpredictability/anxiety. The child never knows what is going to set the parent off.
  • Lashing out in anger. The angrier the parent, the more intense the abuse.
  • Using fear to control behavior. Abusive parents may believe that their children need to fear them in order to behave.

Child neglect

  • Child neglect is a pattern of failure to meet the basic needs of a child, including adequate food, clothing, hygiene, and supervision.

Sexual abuse 

It is essential to know that exposing a child to sexual or material situations is sexually abusive, whether it involves touching or not.

Signs of sexual violence are: 

  • Trouble walking or sitting
  • Knowledge of sexual acts inappropriate for their age (or seductive behavior)
  • Makes strong efforts to avoid a specific person
  • Doesn’t want to change clothes in front of others
  • Doesn’t participate in physical activities
  • An STD or pregnancy, especially under the age of 14
  • Tries to run away from home continuously. Runs away

Getting Out Of Jail When Arrested For Child abuse In California

It can be difficult to defend a person against a child abuse charge, mainly when it includes a child’s testimony. Even so, while child abuse laws are designed to protect children, the justice system is established to vindicate those who are wrongly accused.

Common legal defenses involve taking the stand that:

  • The indictments are baseless.
  • The injuries to the minor were caused by anything but misconduct.
  • The defendant was acting within his/her legal right for disciplining the child.
  • The injury had been the result of an accident.

Sometimes a parent can become physically or psychologically unable to care for a child, such as in cases of severe illness or injury, along with untreated depression or anxiety.

Misuse of alcohol or drugs can often severely impair judgment, and the ability to keep a child safe.

If you or a family member have been arrested for a domestic violence offense, it is crucial to meet with a domestic violence criminal defense attorney immediately.

If you need help with your bail, call now for 24-hour domestic violence bail bond services: (800) 224-5911

We have several offices throughout Southern California where we can meet you. Check out the map below to find the location closest to you. We have convenient locations in Santa Ana, Newport Beach, Norwalk, Torrance, Irvine, Costa Mesa, Long Beach, San Pedro, Lakewood, Whittier, & Anaheim.

Child abuse FAQ

A- There are three key things you need to know:


  • Where is the defendant in custody? Includes city, state, and prison names.
  • What is the person’s full name and booking number in jail? To contact the jail, the bail agent will need this information.
  • How much is the bail? With the bail number, you will tell the bail bondsman how much it would cost to post a bond and conditions to get the person out of jail.

A – It can be anywhere, usually by people in relationships, families, or marriages. People who have children together can be domestically abused as well. So it doesn’t matter if it’s on the street, in the home, in the car, or a hospital. It is considered domestic abuse if you are in an intimate relationship with them (marriage, relationship, family, etc.).

A- Technically speaking, unless you have extenuating circumstances, you cannot leave the State unless you are on bail. The local court handling your case and the bonding company who wrote your bail bond must pre-approve these rare occurrences that could cause you to leave the State.

A- There is no specific answer, it all depends on the conditions, such as what prison the prisoner is in, what crime has been committed, the amount of bail, and the duration of the court case. Typically, bail is set the day after the defendant is charged, but if the arrest occurs on a weekend or night, they will have to wait for the court’s next business day to see a judge and get bail.

While this is a challenging and stressful situation, you can try to converse with an organization without any time expectations. Bail bond agencies are great at telling you how long the process should take for your loved one to be out of jail and keeping you updated every step of the way.

A – There is no actual guideline that defines every single item you can use as collateral for bail. The five most commonly used items are vehicle, real estate, precious metals and jewelry, savings and investments, and pawnable items.

A- If this is allowed by your agreement with the bail bond provider, you may revoke your agreement and cancel your responsibility for the bail. You will do so if you suspect the defendant is trying to miss a bail date or is not meeting the bail conditions. If you want to cancel a bond, please contact the agent as soon as possible. The lawyer will notify the court, and the suspect will be held by some means before he or she can obtain bail. Fees may be associated with canceling a bond, which will be explained to you by the agent.

A – Expungement of your criminal conviction is possible if you were convicted of a misdemeanor or otherwise did not serve time in state prison, a factor that will render your conviction ineligible for expungement relief. A felony in California under this code section, however, provides for state prison time.

Child abuse can be considered a misdemeanor and a felony so that rules will vary according to the pressed charges. If the crime is regarded as a felony and not a misdemeanor under California Law, the expungement rules do not apply to your record.

An expungement does not result in the complete eradication of your conviction record. It remains accessible to persons considering you for public employment and law enforcement and court personnel for a sentence enhancement if you commit a subsequent felony offense.

A- Non Citizens should be aware that an automatic immigration hold can be triggered by being arrested or detained for a domestic violence offense.

Whenever a noncitizen ends up in custody, the Department of Homeland Security (DHS) would be notified, and the noncitizen would be placed in an immigration hold, which will prevent them from being released from custody. This hold tells the jail not to release the noncitizen, even at the end of the sentence of detention. Instead, DHS will place the noncitizen in federal custody once the prison term is finished and the removal proceedings begin.

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