An arrest warrant has been issued for a grandmother who left her granddaughter alone in Civic Center Park after the fireworks show. The young girl, approximately 2 or 3 years old, was found unattended and taken to the police station, where police assumed someone would come looking for her. At about 1:00 a.m., the police sent out an alert stating the little girl was found and no one had contacted them about the missing child. They attached a photo of the girl and requested anyone with information contact them. The mother was found out of state and soon recovered her daughter from Denver Human Services. The grandmother, who was caring for the girl at the time she was found, has not been located. A warrant has been issued for her violation of the Denver Municipal Code: Wrongs to Minors.
Municipal Code: Wrongs to Minors
Denver Municipal Code Section 34-46 (b) states:
(1) Abandon any such minor;
(2) Torture, torment or cruelly punish any such minor;
(3) Deprive any such minor of food, clothing or shelter;
(4) Injure such minor unnecessarily in any other manner; or
(5) Allow any such minor to be so abandoned; tortured; tormented; cruelly punished; deprived of food, clothing or shelter; or injured unnecessarily in any other manner.
The grandmother is actually lucky she is only being charged with a municipal code violation. Under Denver’s Municipal Code, the greatest penalty enforced on any offense is one year in Denver County Jail and $999. A criminal charge of Child Abuse under Colorado State Law would have more severe penalties.
The Law is Fickle in Greeley and Weld County
Sometimes the law will overcharge and stack the deck against someone when they truly don’t deserve it.
This is an odd occurrence in the state of Colorado and a true demonstration of how fickle the law really is. A situation like this, where a woman left a child behind, never reported her missing, and never showed up to get her is only charged with a municipal violation. Compare this to a recent client situation where both parents were at the sports fields with their four kids. When dad left the field to attend another game, he took two kids with him. When mom left the fields to meet up with dad, she thought he had all three kids. When she got to the other field, she realized one child had been left behind and immediately returned to the first field to retrieve him. However, in the short time he was left alone, someone called the police and both parents were charged with misdemeanor Child Abuse. Fortunately, the court and district attorney agreed to dismiss the case, but the family had to endure the court proceedings, embarrassment, and expense associated with the ridiculous charges.
Under Colorado state law, in Greeley the woman would be charged with Child Abuse, C.R.S. 18-6-401, which is defined as:
Because Child Abuse can be charged as a felony or misdemeanor, there is a large range of potential penalties for this crime. More serious Child Abuse cases where death or serious injury occurs can be charged as a class 2, 3, or 4 felony, punishable with a sentence to the Colorado Department of Corrections. If the child sustains an injury that is not serious or no injury occurs, this Child Abuse would be charged as a class 1, 2, or 3 misdemeanor, punishable with a sentence to the Weld County Jail.
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!
How can two seemingly similar situations be treated so differently? This is the case in many Greeley, Windsor, and Evans circumstances. Sometimes the law will overcharge and stack the deck against someone when they truly don’t deserve it. That’s why it is so vital to hire an experienced criminal defense lawyer if you are facing criminal charges. The law is not on your side, but we are, and we fight to win.
If you or someone you love has been charged with Child Abuse in Weld, Morgan, or Logan County, 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.
Image Credit: Pixabay – skeeze