Houston Injury to a Child Lawyer
Attorney for Allegations of Injury To A Child in Houston and Surrounding Areas
Under Texas law, the offense of injury to a child, elderly, or disabled is a Felony that can be classified in several different ways (as a first degree, second degree, third degree, or a state jail felony) depending on the circumstances of the offense. A person commits the offense of Injury to a Child if, through act or omission of an act, he intentionally, knowingly, recklessly, or with criminal negligence causes a child serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury. A child in Texas is anyone under the age of 15. Injury to a child is unique not only because of the wide array of punishments but also because the offense can be charged due to the failure to perform certain duties. This is unlike most offenses which require a certain act in order for the offense to be charged. Charges and convictions can carry harsh consequences. It is important that you get in touch with a Houston Injury to a Child Lawyer as soon as possible so that you can protect your rights and start building a strong defense. Houston Criminal Defense Attorney Paul Darrow and his staff understand that you are INNOCENT until proven guilty. Let us get to work for you!
Degrees of Injury
Bodily injury can be very slight and is defined as physical pain, illness, or any impairment of physical condition.
Serious bodily injury, on the other hand, is so significant that the injury creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of function bodily member or organ.
Common examples of Injury to a Child can include bruises, broken bones, burns, alcohol or drugs in the child’s system, shaken baby syndrome, head injuries, etc.
Reckless vs. Criminal Negligence
Reckless means the defendant must actually know of an unreasonable risk of harm to others, and cause that harm to the child by acting in knowing disregard of that risk. Recklessness means not that the defendant should have known better, but did know better and went ahead regardless of that knowledge.
Acting with Criminal Negligence means you should be aware of a substantial and unjustifiably risky circumstance or possible result. The risk must be so great that failing to take notice of the risk constitutes a very obvious and unacceptable deviation from how careful an ordinary person would be in the same situation.
What is an Omission?
An omission constituting an offense for Injury to a Child is one that causes injury where the actor has a legal duty to act, a statutory duty to act, or they have assumed care, custody, or control of a child, elderly, or disabled individual. A person assumes care, custody, or control if by his actions, words, or conduct he causes a reasonable person to conclude he has accepted responsibility for the protection, food, shelter, and medical care for a child, elderly, or disabled individual.
Punishment for Injury to a Child:
- Intentionally or knowingly causing serious bodily injury or serious mental deficiency or impairment to a child is a First Degree Felony with a possible punishment of 5-99 or life in prison and a fine of up to $10,000.
- Intentionally or knowingly causing bodily injury to a child is a Third Degree Felony with a possible punishment of up to 10 years in prison and a fine of up to $10,000.
- Recklessly causing serious bodily injury or serious mental deficiency or impairment to a child is a Second Degree Felony with a possible punishment of up to 20 years in prison and a fine of up to $10,000.
- Recklessly causing bodily injury to a child is a State Jail Felony with a possible punishment of up to 2 years in prison and a fine of up to $10,000.
- Negligently causing serious bodily injury or serious mental deficiency or impairment to a child is a State Jail Felony with a possible punishment of up to 2 years in prison and a fine of up to $10,000.
Call Trusted Houston Injury To A Child Lawyer Paul Darrow Immediately!
At Darrow Law Firm, P.C., we handle all types of charges involving alleged abuse against children in Houston, and the surrounding area. We know how frightening these charges can be and understand the implications for your future. For child abuse allegations the system is designed to first and foremost protect children but we will fight on your behalf, raising any and every possible defense to protect your reputation and prevent jail time. Your initial consultation is free. Contact Darrow Law Firm, P.C. right away!