FRESNO (AP) — A judge has refused to dismiss a misdemeanor child-cruelty charge against California Assemblyman Joaquin Arambula.

Fresno County Superior Court Judge Alvin Harrell ruled Wednesday in the case, which involves the Fresno Democrat’s 7-year-old daughter.

The dismissal motion argued that Arambula has a right to parent his children using reasonable discipline, and also that Fresno police illegally collected social services records without a court order.

The Fresno Bee reports the motion’s summary of the case reveals allegations that the lawmaker slapped his daughter on the face with both hands.

Arambula was arrested in December after officials at the girl’s school learned of an injury and reported it to authorities.

Arambula has pleaded not guilty to the charge, which carries a sentence of up to six months in jai