Child Abuse allegations are among the most serious and emotionally charged cases handled in Weld County courts. As Greeley criminal defense attorneys, we field a lot of questions from people facing these charges or supporting someone who is. Below are answers to some of the most common questions.
What Does Colorado Law Define as Child Abuse? A Greeley Child Abuse Attorney Explains
Under C.R.S. § 18-6-401, a person commits Child Abuse if they cause an injury to a child’s life or health, knowingly or recklessly place a child in a situation that threatens their life or health, or engage in a continued pattern of conduct resulting in malnourishment, lack of proper medical care, cruel punishment, or similar mistreatment. For purposes of this statute, “child” means anyone under the age of 16.
Child Abuse Lawyer in Erie or Evans: Is Child Abuse Always a Felony?
No. Whether the charge is a misdemeanor or felony depends on two main factors: the person’s mental state (whether they acted knowingly or recklessly versus with criminal negligence) and the severity of harm that resulted — ranging from no serious injury, to serious bodily injury, to death. Cases involving no serious injury are generally charged as misdemeanors, while cases involving serious bodily injury or death are charged as felonies with significantly higher potential prison sentences.
Does a Child Have to Be Physically Hurt for Charges to Apply in Weld County?
Not necessarily. The statute also covers situations where a child was placed in circumstances that posed a threat of injury, even without a resulting physical injury, as well as ongoing patterns of neglect or mistreatment.
Are Conversations with a Spouse or Doctor Protected in These Cases?
No. Colorado law specifically removes the usual spousal and physician-patient privileges in Child Abuse prosecutions, meaning testimony that would normally be shielded can be introduced in these cases.
Is a First Offense Windsor Child Abuse Case Treated Differently?
Colorado law does authorize deferred prosecution for a first offense under this statute in many circumstances, which can allow the case to be resolved without a permanent conviction if certain conditions are met.
What Should I Do if I’m Facing a Child Abuse Charge in Weld County?
Given the severity of potential penalties and the long-term consequences of a conviction, it’s important to speak with a local criminal defense attorney as early in the process as possible to understand your specific charge and what to expect in Weld County courts.
If you’ve 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.
Photo by Ann H