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Chapter 13 - Amanda’s Charge

Amanda’s case had stronger facts.

Eyewitness:

Me.

Medical documentation.

Her own admission through counsel that she struck Sophie once and pulled her hair during an argument over property.

There was no plausible claim Sophie attacked her.

Twenty months old.

No serious injury.

No weapon.

No repeated beating.

The prosecutor considered child-endangerment and assault-related charges under applicable state law.

Amanda’s defense focused on:

Momentary loss of control.

Immediate remorse.

Lack of prior criminal history.

No previous substantiated physical abuse in the foster case.

All relevant.

It did not erase conduct.

Amanda entered a plea to misdemeanor child endangerment and harassment/assault-related conduct under a negotiated resolution.

No felony simply because social media would have preferred one.

Terms:

Two years probation.

Individual therapy.

Anger-management treatment.

No direct or indirect contact with Sophie during probation absent later court modification.

Community service.

Restitution for uncovered medical and therapy expenses attributable to incident.

No jail.

I felt angry when I first heard.

Then ashamed that part of me wanted a larger sentence because my daughter was involved.

Emily was more precise.

“I don’t need Amanda in a cell. I need her to understand she cannot touch Sophie.”

That was the protection.

The judge asked Amanda:

“Why did you strike the child?”

Amanda cried.

Then answered:

“I was panicking over something she had taken.”

The judge said:

“She was twenty months old.”

“Yes.”

“Could she understand your demand?”

“No.”

“Then your panic belonged to you.”

Amanda nodded.

That sentence followed all of us out of court.

Your panic belonged to you.

May you like

Useful far beyond that room.

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