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Injury to a Child or Elderly Individual, Defense Lawyers
Defending Injury to a Child Charges in Frisco, Carrollton, Collin, Denton & Surrounding Counties
In the state of Texas, a violent offense is regarded to be any crime that results in the injury of a child. The courts in Collin, Denton, and Dallas have a very low threshold for people who commit violent crimes. If you go to court by yourself and attempt to represent yourself, you won’t have a good chance of reaching a plea bargain with the prosecutor that is in your favor. Ridgely Davis Law’s Injury to a Child or Elderly Individual Criminal Defense Lawyers in Frisco, Texas have years of expertise and can be of assistance to you.
For a consultation on your alleged offense in Frisco, Plano, Dallas, Carrolton, Denton, Richardson, and the surrounding areas of Collin, Denton, and Dallas County, Texas, call Ridgely Davis Law immediately at . Our legal team will fight to get the criminal accusations against you reduced or dropped wherever possible.
Mental State
According to the legislation titled “Injury to a Child,” there are four different mental states that have an impact on how a person is punished for the crime of Injury to a Child. According to the statute the four mental states that might constitute a violation of the law are “intentionally, knowingly, recklessly,” or with “criminal negligence.” A conviction for purposefully harming a child will result in a punishment that is more severe, whereas a conviction for harming a child as a consequence of criminal carelessness will have a punishment that is less severe. A determination that you had a responsibility to act under the law is necessary in order to be charged with Injury to a Child for failure to act. If you had been responsible for providing care for the kid, you have a legal obligation to take action in accordance with the Injury to a Child Act.
What Are the Variables That Determine the Degree of an Injury?
According to the statutes of Texas, there are two distinct categories of injuries that can be sustained by a child: physical injury and significant bodily harm.
A less severe form of damage is one that affects the body. A kid who has a bodily injury goes through the experiences of physical pain, illness, and maybe even physical damage.
A more severe form of harm, known as significant bodily injury, carries repercussions that are proportionate to its severity. Inflicting significant physical harm on another person can result in the victim’s death, the danger of death, lifelong deformity, or the long-term loss of or damage of organs or physiological functions.
What exactly is meant by the term Affirmative Defenses in the context of Injury to a Child?
An accusation of Injury to a Child can be met with a number of different affirmative defenses. A significant number of the so-called affirmative defenses are designed specifically for caregivers who are being prosecuted for Injury to a Child. According to the Injury to a Child legislation, section 22.04(d), the term caretaker refers to a person who provides the child with protection, food, housing, or medical care in some capacity. A private babysitter or the proprietors or staff of a childcare center are both examples of people who provide caretaking services. According to the Injury to a Child law, paragraph two of subsection (b), the act of providing care for a child results in the caretaker assuming a legal obligation toward the child.
A person is considered to have a legal obligation toward a child in accordance with the Injury to a Child laws if that person owes the child the responsibility of ensuring that the child does not sustain an injury. Because of the presence of a caretaker’s legal obligation, a caretaker runs the risk of being found guilty of Injury to a Child if the caretaker fails to act and a child sustains an injury as a result of the caretaker’s inaction. However, in accordance with subsection I of the Injury to a Child statute, if the caretaker of the child notified the child’s parents, or the Department of Family Protective Services or Child Protective Services (CPS) that the caretaker would no longer be providing care for the child, then the caretaker has an affirmative defense to a Injury to a Child charge. Because it eliminates the legal duty owed to a child, providing effective notice to a child, the child’s parents, or the Department of Protective Services qualifies as an affirmative defense under Subsection I of the Injury to a Child statute. This provision is included in the statute as an affirmative defense.
A person who treated a child using a recognized religious method of healing that is known to have a generally accepted rate of success may be able to claim an affirmative defense under Section 22.04(l)(1) of the Injury to a Child statute. This affirmative defense allows the person to avoid criminal prosecution for the alleged offense. If there is no proof that the person knew the child had been wounded, then a person who has been charged with Injury to a Child for failing to disclose that the child had been injured has another option available to them in the form of an affirmative defense. An individual who falls under the category of victim of family violence as defined by Section 71.004 of the Family Code will be eligible for an affirmative defense in the event that they are accused of injury to a child. In accordance with Section 71.004 of the Family Code, a person is considered to be a victim of family violence if they were assaulted or are being abused by another family member or by someone they are dating. To be eligible for an affirmative defense to the allegation of Injury to a Child, a victim of domestic violence must demonstrate that they did not cause the kid’s injury and that they did not reasonably think that their inactivity would have an effect on the child who was wounded. Last but not least, according to Section 22.04(l)(3) of the legislation titled Injury to a Child, an individual has an affirmative defense to the charge of Injury to a Child if that individual is less than three years older than the child who is being alleged to being harmed by that individual.
What alternative defenses are there to the charge of injury to a child?
A person who provided medical care to a child and then harmed the child by acting or neglecting to act may be able to bring up a “defense” to the charge of Injury to a Child under the provisions of Section 22.04(k) of the legislation known as Injury to a Child. Any anyone who has given medical assistance to a patient while acting under the supervision of a licensed physician is eligible to assert a defense under Section 22.04(k) (1). Before a person can bring a defense under Section 22.04(k), there is a requirement of good faith in the person’s treatment of the child if the person providing medical care was not under the direction of a licensed physician. This is the case if the person providing medical care was not under the direction of a licensed physician (1).
Reading the Injury to a Child law might be challenging due to its length and complexity. If you or someone you know had a legal obligation to a kid, or if the mental condition that applies to your situation, it could be difficult to figure out what that duty was. These concerns are significant because, in some circumstances, the state’s case against you could be dropped if it is shown that there was no violation of a legal obligation on your part. A conviction for Injury to a Child will also result in a sentence that is contingent on the mental condition that the state is able to establish was present at the time of the offense. You may have a defense open to you under the Injury to a Child statute but you will need the assistance of an experienced Collin, Denton criminal defense attorney such as those at Ridgely Davis Law in Frisco, Carrollton, Texas to assess whether or not you do.
Is it possible to be found guilty of Causing Injury to a Child if you Simply Spank your own child?
If it is shown that you did not use reasonable force while you were spanking your child, you might be found guilty of Injury to a Child. This would be the case if it was determined that you did not use “reasonable” force when you were spanking them. According to Section 151.001(e) of the Texas Family Code, a child’s parent, grandparent, stepparent, or guardian “may use corporal punishment for the reasonable discipline of a child.” Because causing serious bodily injury to a child is not regarded as “reasonable discipline,” the Injury to a Child statute makes it a crime to cause such injuries to a child. This is the case even though it is possible to avoid being convicted of a crime for spanking your child under certain circumstances.
What exactly do the prosecutors for the state have to prove?
The attorneys for the state will have to demonstrate that your “act or omission to act caused substantial damage” to a child in order to establish that you are guilty of Injury to a Child. The next step for the attorneys is to demonstrate that you possessed one of the “mental states” described in the statute, which are intentionally, knowingly, carelessly, or with criminal carelessness. If the state’s attorneys wish to charge you with failing to act, they will need to establish that you had a legal or statutory obligation to act or that you had assumed care, custody, or control of the child. Only then will they be able to bring a prosecution against you for failing to act.
In the counties of Collin, Dallas, and Denton, what are the repercussions of being found guilty of causing injury to a child?
If you are found guilty of Injury to a Child, your potential sentence is determined by the mental state that the state’s attorneys are able to prove you were in at the time the offense was committed.
- If you are found guilty of willfully or knowingly harming a kid, you will be charged with “Injury to a Child,” which is a first-degree felony. The maximum punishments include imprisonment for anywhere between five and ninety-nine years, or even for life. You also risk a punishment of up to $10,000 for this offense.
- If you are found guilty of negligently hurting a kid, you will be charged with a second-degree felony. The maximum penalties include a jail sentence of up to twenty years and a fine of up to ten thousand dollars.
- Intentionally or deliberately inflicting bodily harm on another person is considered a third-degree felony. The maximum penalties include a jail sentence of up to ten years and a fine of up to ten thousand dollars.
- It is considered a state jail felony for a person to inflict significant physical damage or bodily harm to a child by either recklessness or negligence. The maximum penalties include a possible jail sentence of up to two years and a fine of up to ten thousand dollars.
A person who is charged with Injury to a Child may also be charged with another charge involving assault depending on the circumstances. If the state lawyers decide to pursue another charge against you involving violence, the punishment for that crime will run concurrently with the sentence you received for Injury to a Child.
In Texas, how do you define the offense of causing bodily harm to a child?
In addition to children, “those who are elderly or disabled” are also considered to be among the most vulnerable demographics. The offense of causing bodily harm to a child, an old person, or a handicapped person is outlined in detail in Section 22.04 of the Texas Penal Code. A individual who has not yet reached the age of 14 is considered to be a child.
It is a criminal offense under this act to cause significant physical harm; major mental deficiency, impairment, or injury; or bodily injury to any child. Additionally, it is a felony to inflict serious bodily injury to a child. If you violated this statute, you might face charges regardless of whether or not you behaved knowingly or carelessly. The meaning of this rule is clear, yet the penalty might vary greatly depending on a variety of different factors.
Current Injury to a Child or Elderly Individual Law.
(a) A person commits an offense if he intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(a-1) A person commits an offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, boarding home facility, intermediate care facility for persons with an intellectual or developmental disability, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility:
(1) serious bodily injury;
(2) serious mental deficiency, impairment, or injury; or
(3) bodily injury.
(b) An omission that causes a condition described by Subsection (a)(1), (2), or (3) or (a-1)(1), (2), or (3) is conduct constituting an offense under this section if:
(1) the actor has a legal or statutory duty to act; or
(2) the actor has assumed care, custody, or control of a child, elderly individual, or disabled individual.
(c) In this section:
(1) “Child” means a person 14 years of age or younger.
(2) “Elderly individual” means a person 65 years of age or older.
(3) “Disabled individual” means a person:
(A) with one or more of the following:
(i) autism spectrum disorder, as defined by Section 1355.001, Insurance Code;
(ii) developmental disability, as defined by Section 112.042, Human Resources Code;
(iii) intellectual disability, as defined by Section 591.003, Health and Safety Code;
(iv) severe emotional disturbance, as defined by Section 261.001, Family Code;
(v) traumatic brain injury, as defined by Section 92.001, Health and Safety Code; or
(vi) mental illness, as defined by Section 571.003, Health and Safety Code; or
(B) who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.
(4) Repealed by Acts 2011, 82nd Leg., ch. 620 (S.B. 688), § 11.
(d) For purposes of an omission that causes a condition described by Subsection (a)(1), (2), or (3), the actor has assumed care, custody, or control if he has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that he has accepted responsibility for protection, food, shelter, and medical care for a child, elderly individual, or disabled individual. For purposes of an omission that causes a condition described by Subsection (a-1)(1), (2), or (3), the actor acting during the actor’s capacity as owner, operator, or employee of a group home or facility described by Subsection (a-1) is considered to have accepted responsibility for protection, food, shelter, and medical care for the child, elderly individual, or disabled individual who is a resident of the group home or facility.
(e) An offense under Subsection (a)(1) or (2) or (a-1)(1) or (2) is a felony of the first degree when the conduct is committed intentionally or knowingly. When the conduct is engaged in recklessly, the offense is a felony of the second degree.
(f) An offense under Subsection (a)(3) or (a-1)(3) is a felony of the third degree when the conduct is committed intentionally or knowingly, except that an offense under Subsection (a)(3) is a felony of the second degree when the conduct is committed intentionally or knowingly and the victim is a disabled individual residing in a center, as defined by Section 555.001, Health and Safety Code, or in a facility licensed under Chapter 252, Health and Safety Code, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. When the conduct is engaged in recklessly, the offense is a state jail felony.
(g) An offense under Subsection (a) is a state jail felony when the person acts with criminal negligence. An offense under Subsection (a-1) is a state jail felony when the person, with criminal negligence and by omission, causes a condition described by Subsection (a-1)(1), (2), or (3).
(h) A person who is subject to prosecution under both this section and another section of this code may be prosecuted under either or both sections. Section 3.04 does not apply to criminal episodes prosecuted under both this section and another section of this code. If a criminal episode is prosecuted under both this section and another section of this code and sentences are assessed for convictions under both sections, the sentences shall run concurrently.
(i) It is an affirmative defense to prosecution under Subsection (b)(2) that before the offense the actor:
(1) notified in person the child, elderly individual, or disabled individual that the actor would no longer provide any of the care described by Subsection (d), and notified in writing the parents or a person, other than the actor, acting in loco parentis to the child, elderly individual, or disabled individual that the actor would no longer provide any of the care described by Subsection (d); or
(2) notified in writing the Department of Family and Protective Services that the actor would no longer provide any of the care described by Subsection (d).
(j) Written notification under Subsection (i)(2) or (i)(3) is not effective unless it contains the name and address of the actor, the name and address of the child, elderly individual, or disabled individual, the type of care provided by the actor, and the date the care was discontinued.
(k) It is a defense to prosecution under this section that the act or omission consisted of:
(1) reasonable medical care occurring under the direction of or by a licensed physician; or
(2) emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.
(l) It is an affirmative defense to prosecution under this section:
(1) that the act or omission was based on treatment in accordance with the tenets and practices of a recognized religious method of healing with a generally accepted record of efficacy;
(2) for a person charged with an act of omission causing to a child, elderly individual, or disabled individual a condition described by Subsection (a)(1), (2), or (3) that:
(A) there is no evidence that, on the date prior to the offense charged, the defendant was aware of an incident of injury to the child, elderly individual, or disabled individual and failed to report the incident; and
(B) the person:
(i) was a victim of family violence, as that term is defined by Section 71.004, Family Code, committed by a person who is also charged with an offense against the child, elderly individual, or disabled individual under this section or any other section of this title;
(ii) did not cause a condition described by Subsection (a)(1), (2), or (3); and
(iii) did not reasonably believe at the time of the omission that an effort to prevent the person also charged with an offense against the child, elderly individual, or disabled individual from committing the offense would have an effect; or
(3) that:
(A) the actor was not more than three years older than the victim at the time of the offense; and
(B) the victim was a nondisabled or disabled child at the time of the offense.
(m) It is an affirmative defense to prosecution under Subsections (a)(1), (2), and (3) for injury to a disabled individual that the person did not know and could not reasonably have known that the individual was a disabled individual, as defined by Subsection (c), at the time of the offense.
Find a Defense Attorney for Charges of Causing Injury to a Child in Collin, Dallas, or Denton County at Ridgely Davis Law.
It is not a good idea to defend yourself in court if you are accused of causing harm to a child. The prosecution of violent crime is much more aggressive than that of almost any other type of crime. If you do not have competent representation, the prosecution is not likely to offer you any agreements or plea bargains.
In Frisco, Plano, Denton, Carrollton, Dallas, Richardson, and the surrounding regions of Collin, Dallas, and Denton County, Texas, contact the knowledgeable Injury to a Child Criminal Defense Lawyers at Ridgely Davis Law in Frisco, Texas immediately at (469) 935-4600 for a consultation regarding your alleged violation. Our legal team will fight to get the criminal accusations against you reduced or dropped wherever possible.
Schedule a Free Case Evaluation with an Experienced Injury to a Child Criminal Defense Lawyer in Frisco, TX serving Collin, Dallas, Denton and surrounding Counties. (469) 935-4600
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