Child Abuse charges can occur in Weld County any time a child is placed in a situation that could or does result in harm to the child. An experienced Child Abuse attorney can help you navigate these charges which can impact your career and life. Two daycare workers in Salida are facing charges of misdemeanor Child Abuse after leaving a boy unsupervised, and he repeatedly pulled down the pants of other children at the center. Both women face the possibility of county jail time, fines, and never being able to work with children again. Below, the Child Abuse attorneys at the O’Malley Law Office discuss misdemeanor Child Abuse charges, and why it is important to have a skilled criminal defense attorney fight for you.
Legal Definition of Child Abuse, C.R.S. 18-6-401 in Weld County
The legal definition of Child Abuse, C.R.S. 18-6-401, in Weld County is:
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.
In other words, Child Abuse is charged whenever a person responsible for the care or supervision of a child recklessly or intentionally places the child in a situation that risks harm or results in harm. Harm can include bodily injury, serious bodily injury, malnourishment, emotional distress, or any other outcome in which a child’s safety and well-being are at risk. And, as mentioned in the definition above, a child does not actually have to be injured for an adult to be charged. Consider the situation where a young child gets out of a fenced yard and walks into a busy street where cars come to a screeching stop to avoid hitting the child. The person responsible for the care and supervision of the toddler would likely be charged with Negligent Child Abuse.
Who is a Mandatory Reporter in Greeley, Colorado Under C.R.S. 19-3-304?
In Greeley and the rest of Colorado, a mandatory reporter is a person who must immediately report suspected Child Abuse. Under C.R.S. 19-3-304, this means that the person is required to report if they have “reasonable cause to know or suspect that a child has been subjected to abuse or neglect or who has observed the child being subjected to circumstances or conditions that would reasonably result in abuse or neglect.” Mandatory reporters include, but are not limited to:
- Teachers
- Childcare workers
- Police Officers and firefighters
- Medical providers
- Dentists, nurses and doctors
- Church leaders
- Human Services employees
- Mental health workers
- Social workers
It is important to know that a mandatory reporter who fails to immediately report suspected Child Abuse can face criminal charges. If convicted, the sentence is a class 2 misdemeanor with penalties of up to 120 days in jail, a fine of up to $750, or both. This is separate from a Child Abuse charge. In the story above, the childcare workers did not fail to report suspected Child Abuse; instead, they were charged with Child Abuse for unreasonably leaving several children alone, placing them in danger.
What are Examples of Child Abuse Charges in Windsor and Ault?
It is important to understand what constitutes Child Abuse in Windsor, Ault, and throughout northern Colorado. Many parents are concerned that spanking or disciplining their kids could result in criminal charges. However, Child Abuse is generally charged when there is severe lack of care, injury, or risk of injury. Spanking and most forms of discipline are not true Child Abuse under C.R.S. 18-6-401, unless a child is injured (lasting red marks or bruising will qualify). A few examples of common actions that will result in Child Abuse charges are:
- Driving Under the Influence or Driving While Ability Impaired, C.R.S. 42-4-1301, while a child is in the car.
- Lack of proper food, medical care, or other necessary provisions for a child.
- Physical or emotional abuse that causes bodily injury to the child.
- Placing the child in a situation that could result in injury, such as leaving them alone in a car or driving without a seatbelt.
It is sad to say, but gone are the days where innocent injuries can occur to a child and no one is charged with a crime or human services civil case. If a child is burned, bitten or suffers a broken bone, most social workers will look for someone to blame and punish.
Sentence and Penalties for Child Abuse in Weld County
In Weld County, the sentence and penalties for a Child Abuse conviction vary greatly and depend on whether there was bodily injury, the age of the child, and intent of the accused. If the child did not incur any injuries, the defendant will be charged with class 2 misdemeanor Child Abuse. If convicted, the defendant will face up to 120 days in the Weld County Jail and a maximum fine of $750. The most severe charge is when the defendant’s actions result in the death of a child, which is a class 2 felony. In this case, penalties will include 8 to 24 years in a Colorado prison, a fine of $5,000 to $1,000,000, required firearm and ammunition relinquishment, and mandatory parole of 5 years after release from incarceration. Additionally, all other felony Child Abuse charges are deemed extraordinary risk crimes, which substantially increase the maximum amount of time a defendant will have to spend in a Colorado prison if convicted.
Why Hire a Leading Greeley Child Abuse Attorney?
If you have been charged with Child Abuse, a leading Greeley Child Abuse attorney can help you understand your charges and how get the best outcome in your case. Our attorneys have over 30 years of criminal defense experience and will aggressively fight for you. We understand that mistakes happen, and the charges against you are often unjust. Let us help you navigate the Weld County Court system and advocate for you.