Man Charged With Assault for "Disciplining" Stepson With Belt

Posted: Jan 20, 2011 |Comments: 0 | Views: 109 |

Although society has largely drifted away from corporal punishment over the last few decades, the practice is still common within many households. According to a recent poll conducted by the University of Michigan hospital, one in five parents reported that they spank their children in certain situations, while other published surveys found that much higher numbers do so in practice. In Michigan, striking your child for disciplinary purposes is not illegal . "Reasonable physical force… to maintain discipline or to promote the welfare of such minor" is written into some state statutes.

Even though this all sounds relatively clear, experienced Michigan criminal defense lawyers can attest that there is plenty of grey area, as police officers must determine relatively quickly what constitutes "reasonable discipline." Within the mitten state, it is still possible for parents or guardians to be arrested for Michigan assault charges after striking their child. A recent example of just such an arrest is the case of a Michigan firefighter accused of felony charges for hitting his stepson during a heated domestic argument.

In late May 2010, police officers responded to a New Haven home when reports were received of loud screaming coming from the house. According to law enforcement officials, Dawud Amin, 35, and his 14 year-old stepson were arguing over a Bluetooth device that the suspect believed the teen had stolen. Allegedly, the altercation became heated and Amin struck the boy in the back and chest with a belt, leaving visible welts. Although he maintained that he was disciplining the boy, and the force was appropriate, police arrested him for assault and Michigan child abuse charges.

Experts say that although corporal punishment such as this is permissible in the state of Michigan, it is challenging to determine when such behavior becomes criminal. "This is not a black-and-white scenario," stated retired police officer Stanley Konesky Jr. It is easy to tell that someone is violating the law if driving 66 mph in a 65 mph zone. However, he asserted that "This has a lot of grey areas… A lot of this stuff is not clear cut. It's something you have to investigate."

Each case must be handled separately to determine whether the circumstances warrant criminal charges. A conviction of child abuse can have life-changing affects on a person. Not only is it possible to lose parental rights, but a person could be fired from their job or put behind bars as a result. If accused of these charges, it is essential to be pro-active in protecting yourself when Children's Protective Services attempts to tear your family apart. It is in your best interest to contact hard-working and knowledgeable Michigan criminal defense attorneys for superior legal advice and legal representation. Do not hesitate to do so, as acting quickly can make sure you stay at home with your family, not behind bars.

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