In Greeley and across Weld County, Child Abuse is charged when a person harms a child or puts a child in a position where they could be harmed. A police officer was recently charged with multiple counts of this crime after it was reported he used his handcuffs to restrain his children. According to the report, the officer would put his children in handcuffs, tight enough to leave pinch marks on their wrists. The kids were left alone in a room while handcuffed as punishment.
Greeley Child Abuse Attorney: How is Child Abuse Charged in Colorado?
The Greeley, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
You do not have to cause any physical harm to a child to be charged with this crime. In fact, the most common way we see these charges is usually related to a child being present when a Domestic Violence incident occurs. And don’t think that a DV case always has actual violence – it doesn’t. It just means an allegation of a crime occurs and the two people are currently or were in a relationship. So, breaking something or throwing someone’s clothes can be charged as an act of Domestic Violence. If the children were in the home at the time of the incident, then Child Abuse charges will likely be filed as well.
Penalty for Child Abuse in Johnstown and Windsor
In Johnstown, Windsor, and across Weld County, Child Abuse can be charged as a felony or misdemeanor depending on the intent and level of injury. It is charged as follows:
- Where death or injury results, the following shall apply:
- When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony except as provided in paragraph (c) of this subsection (7).
- When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.
- When a person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child, it is a class 3 felony.
- When a person acts with criminal negligence and the child abuse results in serious bodily injury to the child, it is a class 4 felony.
- When a person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, it is a class 1 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- When a person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury to the child, it is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- Where no death or injury results, the following shall apply:
- An act of child abuse when a person acts knowingly or recklessly is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- An act of child abuse when a person acts with criminal negligence is a class 2 misdemeanor; except that, if it is committed under the circumstances described in subsection (7)(e) of this section, then it is a class 5 felony.
Whether charged as a felony or misdemeanor, a Child Abuse charge is considered an extraordinary risk crime and is subject to an extended sentencing range.
If you or someone you love had 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 to schedule a free initial consultation. Together, we can protect your future.
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