Are you facing false allegations of Child Abuse in Weld County? As an innocent-accused, you will need a criminal defense attorney who can fight to protect your rights and get the best outcome in your case. Recently, in Rifle, Colorado, a couple was charged with felony Child Abuse after a two-year-old girl was reported to have obvious injuries to her face and head, including burns. Below, the top attorneys at the O’Malley Law Office discuss Child Abuse charges and why it is important to hire an experienced Child Abuse attorney. If you are facing a Child Abuse Charge in Fort Collins or Larimer County, get help here.
Legal Definition of Child Abuse in Greeley, Colorado, C.R.S. 18-6-401
The definition of Child Abuse, C.R.S. 18-6-401, in Greeley is:
In other words, Child Abuse is charged when anyone injures, neglects, or places a child in a harmful situation.
What is Considered Child Abuse in Weld County? Is Spanking Child Abuse?
Many Weld County parents ask what actions are considered Child Abuse and whether they can be charged for spanking their child. In short, Child Abuse is charged when there is an unreasonable risk of injury, actual injury, or lack of care. In general, spanking is not considered to be Child Abuse, unless there is a mark left from the spanking. Some acts that could be charged as Child Abuse include:
- Physical or emotional abuse that causes injury to the child
- Placing the child in a situation where the child could be seriously injured or killed – such as being in a moving car with no seatbelt
- Not giving the child proper nutrition or medical care
- Driving While Ability Impaired or Driving Under the Influence with a child in the car (learn more about DUI and DWAI here)
- Spanking a child with an object which leaves a mark – such as a belt, board or wire
In the above story, if the injured child had repeated injuries and did not receive medical care, then the couple would likely be convicted. Or, if the child was injured because the parents let her have access to dangerous objects such as a boiling pot of hot water, their guilt is more likely.
Child Abuse can be charged as a misdemeanor or felony, depending on the victim’s age; whether the defendant acted knowingly, recklessly, or negligently; and if there was serious injury or death. In some cases, kids will injure themselves regardless of the level of supervision. It takes a reasonable police officer to know the difference between a normal childhood injury and one caused by lack of care. Unfortunately, many at the Department of Human Services are not parents, and they persecute anyone with a child who gets injured.
What is the Difference Between Misdemeanor Child Abuse and Felony Child Abuse in Windsor and Eaton, Colorado?
In Windsor and Eaton, Colorado, if a child is not seriously injured, then Child Abuse is charged as a misdemeanor. If there was serious bodily injury, then it is a felony charge. Serious bodily injury is defined as a substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any part or organ of the body, or breaks, fractures, or burns of the second or third degree.
Sentences and Penalties for Child Abuse in Weld County
The sentences, penalties, and punishment range in Weld County for a Child Abuse conviction depends on the injury, age of child, and intent of the accused. If there was no injury or injuries were minor, Child Abuse will most likely be charged as a misdemeanor. This can result in penalties of up to 364 days in the Weld County Jail, and a fine of up to $1,000. The couple in the above story is facing a charge of Child Abuse that resulted in serious bodily injury of the child, which is a class 3 felony. They could face penalties of 4-16 years in a Colorado State Prison, a fine of $3,000-$750,000, and a mandatory parole of 5 years. The most severe charge is when there is a death of a child, which is a class 2 felony. In this case, penalties can include 8-24 years in the Colorado State Prison, a fine of $5,000-$1,000,000, and a mandatory parole of 5 years. Child Abuse is also an Extraordinary Risk Crime that carries heavier penalties.
Why Hire a Top Child Abuse Attorney in Greeley, Colorado?
If you are facing a Child Abuse charge in Greeley, hiring a top criminal defense attorney is your first step in the right direction. Parenting is hard, and allegations of Child Abuse can jeopardize and tear your family apart. An experienced criminal defense attorney can help navigate the Weld County Courts and get you the best outcome in your case. The O’Malley Law Office criminal defense attorneys have over 30 years of experience defending against Child Abuse charges.