In Weld County, you can be charged with Child Abuse if you are accused of injuring or putting a child at unreasonable risk. The extent of the injury or risk is how the sentence is determined in Child Abuse cases. A Douglas County man was recently charged with Child Abuse after he was accused of swerving into a motorcycle resulting in an accident, while his 12 year old daughter was in the car. The accident was supposedly caused by the man intentionally. In a criminal case with a Child Abuse charge, even a misdemeanor child abuse charge could impact areas of your life including contact with your child, employment, and where you can live.
What is the Colorado Definition of Child Abuse in Greeley from C.R.S. 18-6-401?
In Colorado, the definition of Child Abuse, C.R.S. 18-6-401, is:
In the Douglas County man’s case, if he intentional caused the accident while his daughter was in the car, he could be successfully charged with Child Abuse. Knowingly causing a car accident puts his daughter at an unreasonable risk of injury or death. Knowingly is the same thing as Intentionally. We have even seen child abuse cases where accidental injury to a child results in a child abuse felony.
What are Examples of Felony and Misdemeanor Child Abuse in Weld County?
In Weld County the definition of Felony and Misdemeanor Child Abuse is broad and can be interpreted in many ways. Most commonly neglect, physical or psychological abuse, or sexual abuse, is thought of when Child Abuse is charged. While those are popular examples of Child Abuse, some less commonly thought of examples can include:
- Spanking
- Accidental burns
- Exposing a child to drugs or people under the influence of drugs
- Being under the influence of alcohol or other drugs while driving a child in a car
- Leaving a child unattended at home or in a car
- Domestic Violence in the presence of a child
- Violent acts while a child is nearby
In Weld County Who Are Mandatory Reporters of Child Abuse?
In Weld County, there are specific professions that are required to report suspected incidents of Child Abuse. While this is an important stop gap, it can also lead to different opinions and views suspecting or making accusations when they are not warranted. An example of this is a teacher seeing a parent spank their child and reporting this as Child Abuse. Reasonable discipline to one person can be abuse by anther. Professions that are mandatory reporters in Weld County are:
- Healthcare providers
- Public or private school employees
- Social workers
- Childcare providers
- Mental health professionals
- Law enforcement officers
- Firefighters
- Emergency medical responders
- Clergy members (provided they don’t learn of the abuse in a confidential setting)
Can I Discipline My Child or Will I Get Charged with Child Abuse in Greeley, Colorado?
Greeley, Colorado parents can discipline their children and have the right to do so, even when there are many differing opinions on what is the right way to discipline. While some people believe that spanking or physical discipline is not acceptable, there is a legal difference between it and Child Abuse. If you are accused of Child Abuse because of a disciplinary act, then you will need a skilled criminal defense attorney who can navigate the court system and argue that the disciplinary act did not cross into physical abuse. This is an Affirmative defense to any Child Abuse charge.What is the Sentence for Misdemeanor and Felony Child Abuse in Weld County?
In Weld County, the sentence for Child Abuse depends on the injuries that the child suffered, or how serious the risk of injury was. In this car accident case, it is unclear if the child suffered any physical injuries. If the child’s injury from the accident considered is serious bodily injury it is a class 3 felony. However, if the child only suffered minor injuries, the charge would be a class 1 misdemeanor. It would be a class 2 misdemeanor if the child did not have any injuries. Unfortunately, some police and social services workers exaggerate the extent of a child’s injuries so they can appear protective of kids. Social media encourages these professionals to seek out drama and attention.
What to Do if You Have Been Charged with Misdemeanor or Felony Child Abuse in Greeley, Colorado?
Have you been falsely accused of Child Abuse in Greeley, Colorado? If so, exercise your right to remain silent with the police. The Greeley Police are not there to help you even if they seem nice, they want to gather information and evidence against you. Do not let police search your home or car without a warrant. Do not answer their questions. A child abuse charge can have long-term implications for your freedom, your family, your child custody rights, and many other aspects of your life. You need an experienced child abuse defense attorney protecting you right away. Police will act nice to get you to talk with them, and then place you in handcuffs.
If you, a child or a friend have been charged with felony or misdemeanor Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys in Greeley from the O’Malley Law Office at 970-616-6009 to schedule a free consultation today. Together, we can protect your future.
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