There has been a lot of discussion in Greeley, Windsor, and Evans about the laws surrounding personhood since the Longmont woman had her baby cut from her womb and the accused was not charged with Murder. According to Colorado law, a fetus is not considered a person and therefore, cannot be murdered or, in essence, unlawfully harmed. That is what makes the topic of this blog so interesting. A pregnant woman had gone to the hospital and admitted to using a narcotic analgesic during her pregnancy. Now, even though this was a danger to the fetus, because it is not considered a person, a crime like Child Abuse could not be charged in Colorado. However, when the woman delivered the baby, the infant tested positive for the drug and had to stay in the hospital to be monitored while going through withdrawal. It’s amazing how a few minutes can make such a difference. The woman was then arrested and charged with Child Abuse. She is being held on a $10,000 bond. We have seen this DA hypocritical practice before.
Child Abuse in Weld County
The Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
Have you been charged with Child Abuse? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Have you been charged with Child Abuse? Contact the experienced criminal defense lawyers from the O’Malley Law Office to defend you today!
Because the woman’s actions put her child’s health at risk, she was charged with this offense. The punishment for this crime in Weld, Morgan, and Logan is based on intent and injury sustained:
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Child Abuse Crime Classifications and Charges |
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| 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 |
Because the infant suffered from withdrawal symptoms and was required to stay in the NICU, it could be argued the child suffered serious bodily injury. If that were the case, the mother would be facing a class 4 felony, punishable by 2 to 6 years in the Colorado Department of Corrections.
If you or someone you love has been charged with Child Abuse in Greeley, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-616-6009 today. Together, we can protect your future.
Image Credit: Pixabay – Kaz