I know as a parent, it can be very frustrating when your children don’t listen to you. But, one woman seemed to take her frustration about her son’s listening skills too far. According to the news report, the woman had sent her son to Taco Bell to get her a burrito. When he returned with the burrito and she found that it had the wrong toppings, she began to hit him in the face repeatedly. The incident occurred in the family’s driveway and police were called. The woman was arrested and charged with Child Abuse.
Weld County Child Abuse Lawyer: What is the Definition of Child Abuse?
The Colorado law definition of Child Abuse in Weld, Morgan, and Logan County – C.R.S. 18-6-401 – is:
Because the woman hit her son repeatedly in the face, causing him pain and injury, she was charged with Child Abuse.
What is the Punishment / Sentence for Child Abuse in Washington County?
Child Abuse can be charged as a misdemeanor or felony depending on the intent and the injuries 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 Child Abuse |
| When a person acts with criminal negligence and the child abuse results in death to the child | Class 3 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in serious bodily injury | Class 4 felony Child Abuse |
| When the person acts knowingly or recklessly and the child abuse results in an injury other than serious bodily injury | Class 1 misdemeanor Child Abuse |
| When the person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury | Class 2 misdemeanor Child Abuse |
| When the person acts knowingly or recklessly and no injury results | Class 2 misdemeanor Child Abuse |
| When the person acts with criminal negligence and no injury results | Class 3 misdemeanor Child Abuse |
The difference between serious bodily injury and bodily injury is vital in determining if the crime is at the felony or misdemeanor level.
The law defines ‘serious bodily injury’ as:
‘Bodily injury’ is defined as:
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!
A Criminal Defense Lawyer’s Interpretation: Felony or Misdemeanor for the Mom?
While the extent of the boy’s injuries was not disclosed in the news article, the boy probably did not suffer serious bodily injuries from the smacks to his face. This means the woman would probably be charged with class 1 misdemeanor Child Abuse for acting knowingly and causing bodily injury. Here, the bodily injury would be from the boy’s pain after being hit. Generally, this is the charge for excessive discipline against a child, provided no serious bodily injury results. This level Child Abuse charge is punishable by 6 to 18 months in the Weld County Jail and up to $5,000 in fines.
If you or someone you love has been arrested in Erie, or Evans or Greeley for 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 today. Together, we can protect your future.
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