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Sometimes an Accident is Just an Accident

Posted by Joseph D. Lento | Apr 02, 2023 | 0 Comments

Accidents happen; people trip, slip, miss a step, fall off bikes, walk into signs while looking at their phones, stumble over sleeping pets…there is any number of perfectly benign and innocent ways that someone can end up with a black eye, bruised shoulder, broken bone, or worse.

Unfortunately, it's not unusual for people to see an injury to someone who is in a relationship and immediately suspect that it was caused by that person's partner or parent. “Who did that to you?” “How did you get that black eye?” “Are you sure everything's okay at home?” These are sometimes typical reactions from concerned friends and colleagues when they see common injuries that can be caused by simple accidents…or by abuse.

Some Reports May be Legally Required

Friends or health workers may go even further and report abuse based on their suspicion that it has occurred. If the injury is to a child, there is a Pennsylvania law that requires certain people – health workers and educators are two – to report to authorities if they reasonably suspect that the child is a victim of abuse. If the injury is to an adult, friends or acquaintances (indeed, anybody) can report suspected criminal abuse to the authorities.

In addition, healthcare workers are also required to report injuries “inflicted in violation of any penal law” – except in certain situations where the victim does not consent to the reporting. Those situations are where the victim is an adult; the injury is not a “serious bodily injury;” and where it was inflicted by the victim's current or former spouse, sexual partner, or sibling. In those cases, if the victim refuses to consent to the reporting, the healthcare worker is required to refer the victim to a victim services agency.

The Problem of Good Intentions

The obvious problem that can arise in these situations is when an injury really was caused by an accident, but it's reported to the authorities, and they act on the report and arrest someone who had nothing to do with it. Abuse cases – whether the alleged abuse is to a significant other or to a child – are highly-charged situations, ones where the mere fact that an arrest has been made will leave a cloud of suspicion hanging over the defendant, even if the defendant is ultimately cleared of the charges.

You Need an Experienced Advocate

If you have been charged with abuse as a result of someone making a report to authorities based on their suspicion that you have injured your significant other or a child, you need the help of a firm that has years of experience defending clients in these kinds of cases in Pennsylvania.  Our Criminal Law Team and LLF Law Firm have that kind of experience. We have helped clients all over Pennsylvania defend themselves against spousal and child abuse, assault, and other crimes, and we can help you. Contact our Criminal Law Team and LLF Law Firm today at 888.535.3686 or by using the firm's online contact form to set up a consultation.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in Philadelphia and across Pennsylvania as well as in New Jersey and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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The LLF Law Firm Team has decades of experience successfully resolving clients' criminal charges in Philadelphia and the Pennsylvania counties. If you are having any uncertainties about what the future may hold for you or a loved one, contact the LLF Law Firm today! Our Criminal Defense Team will go above and beyond the needs of any client, and will fight until the final bell rings.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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