Generally, in Greeley and Weld County, when we hear the term ‘Child Abuse’ we think of physically harming a child. However, no harm actually has to occur in order to be charged with this crime. The possibility of harm coming to a child is enough. Recently, a mother was arrested under the suspicion that she was driving under the influence of alcohol or drugs. She allegedly was weaving, crashed, and then drove into the other car again to try and get away. Law enforcement officers saw there were six open alcoholic beverages in the vehicle, along with two children. It was reported that her blood alcohol content was .334. She was arrested and charged with Driving Under the Influence, Reckless Driving, Reckless Endangerment and Child Abuse.
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How is Child Abuse Charged in Firestone, Colorado?
The Firestone, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
Thankfully, no one was injured in the above instance, but the mother was still charged with Child Abuse. This is because simply putting a child in a situation where the child could have been injured can result in this charge. Driving with a BAC over 4 times the legal limit makes a pretty good argument that there was a risk of injury for the children in the car.
Penalty for Child Abuse in Weld County
Sentencing guidelines for Child Abuse in Weld County are divided into two categories:
- When an injury occurs;
- When no injury occurs.
This is further broken down by intent and level of injury sustained.
When death or injury results:
- Class 2 felony – person acts knowingly or recklessly and death results;
- Class 3 felony – person acts with criminal negligence and death results;
- Class 3 felony – person acts knowingly or recklessly and serious bodily results;
- Class 4 felony – person acts with criminal negligence and serious bodily injury results;
- Class 5 felony – person acts knowingly or recklessly and injury other than serious bodily injury results, AND the person has a previous conviction for Child Abuse
- Class 5 felony – person acts with criminal negligence and injury other than serious bodily injury results, AND the person has a previous conviction for Child Abuse
- Class 1 misdemeanor – person acts knowingly or recklessly and injury other than serious bodily injury results;
- Class 2 misdemeanor – person acts with criminal negligence and injury other than serious bodily injury results.
When no death or injury results:
- Class 5 felony – person acts knowingly or recklessly and no injury results, AND the person has a previous conviction for Child Abuse
- Class 5 felony – person acts with criminal negligence and no injury results, AND the person has a previous conviction for Child Abuse
- Class 2 misdemeanor – person acts knowingly or recklessly and no injury results;
- Class 2 misdemeanor – person acts with criminal negligence and no injury results.
If you or someone you love has been charged with Child Abuse, 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. Together, we can protect your future.
Photo by Ketut Subiyanto