A Father’s Parenting Decision Vindicated by Jury

A Bucks County man represented by Francis J. O’Neill, Jr., of Connor, Weber & Oberlies, was found not guilty of all charges following a two day jury trial in Doylestown ending February 1, 2011.

Mr. O’Neill’s client was charged with simple assault and endangering the welfare of a child, based on his decision to use physical force to discipline his young son in the parking lot at the Walmart in Tullytown, Bucks County. Two other shoppers, a middle aged brother and sister, were in the parking lot and called the police reporting that they had seen the man “punch” his 2 year old son multiple times. The charges would have likely lead to jail time had the jury returned a guilty verdict.

At the trial, the eye-witnesses’ credibility was effectively called into question during cross-examination by Mr. O’Neill. Further, the defense produced physical evidence that had been collected, casting further doubt on the story told by the eye-witnesses.

Under Pennsylvania law, a parent is generally allowed to subject a child to corporal punishment, and is permitted to use force upon a child for the purpose of punishment of misconduct, so long as it is not designed to cause or known to create a substantial risk of causing death, serious bodily injury, disfigurement, extreme pain or mental distress or gross degradation.