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Splitting a Child's Lip and Choking Him is Not Necessarily Child Abuse

By Ron Chapman

          In the case of State of Florida v. Figarola, Mr. Figarola was charged with child abuse because he struck his son Carlos twice for refusing to eat food which Mr. Figarola had prepared and served.  Mr. Figarola split Carlos' lip when he struck him, and he also caused Carlos to choke while trying to force him to eat.             Florida's Third District Court of Appeal concluded that Mr. Figarola's "behavior was [not] so excessive or unreasonable and beyond the scope of parental discipline so as to constitute child abuse."  The appellate court reached this conclusion for the following three reasons:             1...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on July 11, 2010 (boomark / email).