Minneapolis Malicious Punishment of a Child Lawyer

Put Decades of Defense Experience on Your Side

Facing allegations involving a child is emotionally devastating and legally overwhelming, especially when the charge involves malicious punishment under Minnesota law. These cases often stem from misunderstandings, overly aggressive investigations by social services, or highly subjective interpretations of discipline.

Unfortunately, once a charge is filed, your parental rights, career, and reputation can be damaged almost instantly — even before your side of the story is heard.

At Tamburino Law Group, we understand the stakes and fight aggressively to protect our clients. If you’re being investigated or have already been arrested, don’t wait to call a proven lawyer.

Charged with malicious punishment of a child in Minnesota? Your future, freedom, and family relationships are on the line. Call (612) 444-5020 or contact us online for a FREE and confidential consultation.

What Is Malicious Punishment of a Child?

Malicious punishment of a child is a criminal offense under Minnesota Statute § 609.377, which prohibits unreasonable force or cruel discipline toward a child by a parent, guardian, or person in a caregiving role.

To convict someone of malicious punishment of a child, the prosecution must prove:

• The defendant was a parent, legal guardian, teacher, or person legally responsible for the child;
• The defendant intentionally inflicted physical punishment or discipline;
• The punishment was “excessive under the circumstances” or unreasonable in method or degree.

This charge often hinges on subjective assessments; what one party sees as discipline, another may view as abuse. Common examples include spanking with objects, forcing physical exercises as punishment, or causing visible marks or bruising.

Degrees of the Offense and Penalties

Malicious punishment of a child is a felony in many circumstances, but the charge can vary depending on the severity of the injury and the child’s age.

Penalty guidelines under Minnesota law:

• Gross Misdemeanor: If the child suffers no substantial bodily harm, up to 1 year in jail and/or $3,000 fine.
• Felony: If the child suffers substantial bodily harm, up to 5 years in prison and/or $10,000 fine.
• Aggravated Felony: If the child suffers great bodily harm, up to 10 years in prison and/or $20,000 fine.
• Enhanced Penalties: Additional charges may apply if the accused has prior convictions or the child is under 4 years old.

In many cases, a malicious punishment charge may be accompanied by other charges, including child endangerment, neglect, or domestic assault — further increasing the complexity and potential penalties.

Common Scenarios That Lead to Charges

This charge often arises out of:

• Reports from teachers, school nurses, or daycare providers noticing bruises or marks
• Custody disputes or family law matters where one parent reports the other
• Anonymous calls to Child Protective Services (CPS)
• Police responding to a domestic call and observing injuries or statements from the child
• Misinterpretation of traditional discipline methods

You do not need to be found guilty of abuse for your life to be upended. Even an allegation can trigger family court involvement, CPS investigations, restraining orders, and loss of visitation or custody.

How We Defend Against Malicious Punishment Charges

At Tamburino Law Group, we know that every story has two sides — and the law allows for reasonable physical discipline under Minnesota law. Our approach involves a comprehensive review of all facts, witness statements, CPS records, medical reports, and police interviews.

Potential Defenses May Include:

• Discipline was lawful and reasonable. Minnesota law permits reasonable physical discipline by parents or guardians.
• No intent to cause harm. Intent matters in these cases, and many incidents are accidental or misinterpreted.
• False allegations or biased reporting. Particularly common in custody disputes or strained family relationships.
• Insufficient evidence or conflicting medical opinions

We also work to mitigate consequences where appropriate, including pursuing diversionary programs, negotiating for reduced charges, or advocating for case dismissal where evidence is weak.

Why You Must Act Quickly

Malicious punishment charges are often fast-moving. A report to CPS can result in a rapid investigation, removal of children from the home, and criminal charges filed shortly after.

If you’re contacted by law enforcement or child protection investigators:

• Do not try to explain your side without a lawyer present.
• Do not consent to interviews or home inspections without legal advice.

Every step you take can affect the outcome of both the criminal case and any related family court proceedings. We can step in immediately to protect your rights.

Could Malicious Punishment Lead to Federal Charges?

While most cases of malicious punishment of a child are handled under Minnesota law, there are limited circumstances where federal involvement is possible. These include:

• The alleged abuse occurs on federal property, such as a military base, tribal land, or national park.
• The child is in federal custody (e.g., in foster care under a federal agency).
• The conduct involves elements of federal crimes, such as child sexual exploitation or trafficking.
• Digital evidence (such as photos, videos, or messages) raises suspicion of child pornography, which can trigger prosecution under 18 U.S. Code §§ 2251–2252.

These situations are relatively uncommon, but if there’s any sign that federal authorities are involved, such as a joint investigation with the FBI or Department of Homeland Security,  you need a criminal defense team with experience in both state and federal courtrooms.

Tamburino Law Group is equipped to handle cases at both levels and can immediately step in to protect your rights and assess the scope of the investigation.

Why Choose Tamburino Law Group?

We are one of Minnesota’s most respected criminal defense firms, known for defending clients in some of the state’s most high-profile and complex cases.

Our defense team offers:

• Board-Certified Criminal Law Expertise
• Over 75 Years of Combined Legal Experience
• Former Prosecutors Who Know the System
• A Strategic, Trial-Tested Defense Approach
• 24/7 Availability for Urgent Legal Help
• Reputation for Discretion, Compassion, and Results

When your parenting, freedom, and reputation are at stake, you need more than a lawyer — you need a team who will fight for your future.

Talk to a Minneapolis Malicious Punishment of a Child Lawyer Today

You deserve a strong defense, and your story deserves to be heard. At Tamburino Law Group, we don’t make assumptions. We investigate, strategize, and fight to protect what matters most.

Call us at (612) 444-5020 or contact us online to schedule a confidential consultation with a Minneapolis child abuse defense attorney.