A 3 a.m. Slushie Could Have Led to Criminal Charges | Child Abuse in Greeley

Learn about child abuse charges in Greeley and across Colorado.

It’s hard to know what goes on in a four-year old girl’s head, but one little girl made it pretty obvious what she was thinking: she wanted a slushie. Unfortunately, her timing was a little off, seeing as it was 3 a.m. when she made the decision to get a slushie. According to news reports, the little girl woke in the wee hours of the morning, grabbed her purple raincoat, and left her house out the back door. She hopped onto a bus and chanted, “All I want is a slushie” over and over again. The bus driver took the girl to the hospital, where her parents were called and she was reunited with her family. Luckily, the police recognized this was just one of those things that happens sometimes, and decided not to file any charges. Many, however, have not been so lucky and parents have had Child Abuse charges filed against them for small accidents.

The Law Does Not Allow for Accidents in Weld County

Many times, little incidents where parents were not intentionally hurting their child or allowing them to be in a dangerous situation, still result in Child Abuse charges in Weld, Morgan, and Logan County. An example would include where a family has taken two cars to the store and mom thinks their 3 year old is with dad, and dad think he is with mom, and the child is accidentally left behind. Of course the parents returned immediately when they figured out the mistake had happened, but that doesn’t usually matter to the police. In what should be a celebration that the child is safe and sound and returned to his loving and worried parents, instead becomes a criminal offense.

Child Abuse in Greeley

Colorado law defines C.R.S. 18-6-401 – Child Abuse – as:

A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

The punishment for Child Abuse is based on the injuries the child sustained and the intention behind the abuse. Child Abuse can be charged as a felony or a misdemeanor in Greeley, Erie and Evans:

Where Death or Injury Results

When a person acts knowingly or recklessly and the child abuse results in death to the child Class 2 felony
When a person acts with criminal negligence and the child abuse results in death to the child Class 3 felony
When the person acts knowingly or recklessly and the child abuse results in serious bodily injury Class 4 felony
When the person acts knowingly or recklessly and the child abuse results in an injury other than serious bodily injury Class 1 misdemeanor
When the person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury Class 2 misdemeanor

 

Where No Death or Injury Results

When the person acts knowingly or recklessly Class 2 misdemeanor
When the person acts with criminal negligence Class 3 misdemeanor

In the example above, the mother and father could have been charged with a class 3 misdemeanor Child Abuse, because the district attorney could argue the parents acted negligently when they left their child behind. In many Child Abuse cases, the Department of Human Services (DHS) becomes involved and the custody of your children is at stake. You need the best criminal defense attorneys from the O’Malley Law Office to stand by your side, and protect you and your family’s future.

If you or someone you love has been arrested for Child Abuse allegations, be smart, exercise your right to remain silent, and contact the experienced criminal defense lawyers from the O’Malley Law Office at (970) 616-6009 today. Together, we can protect your future.

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