Information Regarding Charges of Child Abuse
Child Abuse; Child Abuse Resulting in Serious Bodily Injury and Child Abuse Resulting in Death.
An accusation of child abuse or a child's death - even if accidental - can result in serious charges and consequences such as prison or, in the case of immigration, even prevent you from becoming a citizen or losing your visa.
Charges of child abuse can result from allowing a child to be placed in an unreasonable situation involving substantial risk of serious bodily injury or death or knowingly or recklessly causing a child to suffer from a serious bodily injury or causing a child's death from an either act.
Examples of unreasonable situations that may lead to child abuse charges are:
Driving under the influence of drugs or alcohol with a child in the vehicle
Committing an act of domestic violence in front of a child
Leaving drugs accessible to children in the home that leads to an overdose death or other harm.
First-degree murder: Child abuse is murder in the first degree in Colorado if:
The child was under 12 years of age,
You were in a position of trust with respect to the child, and
You knowingly caused the child’s death.
The penalty for Colorado first-degree murder is life imprisonment
Death of a child
If you acted knowingly or recklessly, child abuse that results in death is a Class 2 felony. Consequences of felony child abuse resulting in death can include this sentencing range:
8-24 years in prison, and/or A fine of $5,000-$1,000,000.
If you acted negligently, it is a Class 3 felony. Penalties for negligent child abuse resulting in the child’s death can include: 4-16 years in prison, and/or A fine of $3,000-$750,000. We are experienced in these types of cases. To read more about our successes with these charges, see our case results.
Serious bodily injury
When a person acts knowingly or recklessly, and child abuse results in serious bodily injury, the district attorney charges such a person with class 3 felony child abuse.
4-16 years in prison, and/or
A fine of $3,000-$750,000.
If you acted with criminal negligence, however, and the child was seriously injured, it is a Colorado Class 4 felony. Consequences of negligent felony child abuse in Colorado include:
2-8 years in prison, and/or
A fine of $2,000-$500,000.
Minor or no injury with a prior child abuse conviction
An instance of child abuse that would otherwise be a misdemeanor can become a class 5 felony when:
you have a prior conviction for abuse of a minor in any state or territory of the United States,
you are in a position of trust in relation to the child, and
you participate in a continued pattern of conduct that results in the child’s malnourishment;
you fail to ensure the child’s access to proper medical care;
you participate in a continued pattern of cruel punishment or unreasonable isolation or confinement of the child;
you make repeated threats of harm or death to the child or to a significant person in the child’s life in the presence of the child;
you commit a continued pattern of acts of domestic violence in the presence of the child; or
you participate in a continued pattern of extreme deprivation of hygienic or sanitary conditions in the child’s daily living environment.
Colorado class 5 felony child abuse penalties include:
1-5 years in prison, and/or
A fine of $1,000-$100,000.
Minor or no injury
Child abuse that does not result in death or serious bodily injury can result in a misdemeanor
If you acted knowingly or recklessly, misdemeanor minor abuse penalties can include:
Up to 364 days in jail, and/or
Up to $1,000 in fines.
If you acted with criminal negligence, the consequences are:
Up to 120 days in jail, and/or
Up to $750 in fines.
Definitions
.Knowing abuse of a child occurs when: You “knowingly” commit the crime of child abuse when you are generally aware of:
the abusive nature of your conduct in relation to the child, or
the circumstances in which you commit an act against the well-being of the child.1
Reckless abuse of a child occurs when you act recklessly when you are aware of and consciously choose to disregard a substantial and unjustifiable risk that your conduct could result in injury to a child’s life or health.2
Negligent abuse of child occurs when you act with criminal negligence when, through a gross deviation from the standard of care that a reasonable person would exercise, you fail to perceive a substantial and unjustifiable risk that a result will occur or that a circumstance exists. To read more about our successes with these charges, see our case results.
Position of trust occurs when you are in a position of trust with respect to a child if at the time of the unlawful act you are responsible for a child’s physical and mental health, education, welfare, or supervision, no matter how briefly.4
People in a position of trust can include (without limitation) the child’s: parent, foster parent, legal guardian, teacher, counselor, day care supervisors, doctor or health care professional, and baby sitters.
Defenses to Child abuse If your case was one where you were discipling your child you have the right to "reasonably discipline" your child in the state of Colorado. It is up to the jury to decide what reasonable parental discipline and we can help you fight your case today.
If your child's death was an accident we can help prove this through our experts and investigators.
We can Help
We have the experience it takes to fight these charges. Our team of experts can help you get the best possible outcome in your case. Our results speak for themselves. Check out our results pages to see how we have gotten favorable outcomes and dismissals in these types of cases. To read more about our successes with these charges, see our case results.
It is important to have an experienced and skilled attorney when facing these charges. Paloma Law has successfully handled Child Abuse cases. To read more about our successes with these charges, see our case results.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Paloma Law and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Comments