Skilled Child Abuse Defense Attorneys Serving in Denver, CO
A child abuse conviction in Colorado carries severe repercussions. Understanding your rights and securing the assistance of a Denver Child Abuse Defense Lawyer is crucial for safeguarding your freedom and reputation.
In Colorado, child abuse is defined in various ways, but fundamentally, it involves causing injury or harm to a child’s health. A person may be charged with child abuse even in the absence of physical injury if they place the child in a situation that poses a risk of harm. Additionally, ongoing neglect, such as malnourishment, inadequate medical care, or excessive punishment that leads to serious injury or death, can also constitute child abuse. Importantly, invoking religious practices as a defense for such actions is not permissible under these definitions.
A person may face Child Abuse charges if a child is present during an alleged act of Domestic Violence, regardless of the child’s involvement in the incident. If the child witnesses or hears any part of the domestic violence, the defendant can be charged with Child Abuse alongside domestic violence charges. Additionally, receiving a DUI charge with a child in the vehicle may also result in further charges.
2. Manufacturing a controlled substance in the presence of a child constitutes Child Abuse. Furthermore, an individual can be held accountable for allowing a child to be in an area where controlled substances are being manufactured, even if they did not participate in the manufacturing process.
3. In Child Abuse cases, the spousal privilege that typically protects one spouse from testifying against another does not apply. Consequently, a defendant’s spouse can be compelled to provide testimony during a trial related to these charges.
Penalties for child abuse can vary significantly based on the specifics of the case and whether the child suffered injury or death. The defendant’s mental state also plays a crucial role in determining the severity of the crime. When a defendant acts knowingly or recklessly, the crime is considered more serious than if they acted negligently.
In cases where the child was injured or died:
- If the defendant acted knowingly or recklessly and the child died, it is classified as a class 2 felony.
- If the defendant acted negligently and the child died, it is a class 3 felony.
- If the defendant acted knowingly or recklessly and the child was seriously injured, it is a class 3 felony.
- If the defendant acted negligently and caused serious injury, it is a class 4 felony.
- If the child was injured but not seriously, the crime is a class 1 misdemeanor if the defendant acted knowingly or recklessly, and a class 2 misdemeanor if they acted negligently.
In cases where the child was not injured:
- If the defendant acted knowingly or recklessly, it is a class 2 misdemeanor.
- If the defendant acted negligently, it is a class 3 misdemeanor.
Prior convictions for child abuse can increase the severity of the charges. For instance, a simple negligent act that does not result in injury can be elevated to a class 5 felony if the defendant has a previous child abuse conviction.
Leaving a Child Alone in a Vehicle
Leaving a child unattended in a vehicle is a very common reason for people to be charged with child abuse. This type of case is often depicted in news media. Simply because the child was left in a vehicle does not, by itself, constitute Child Abuse. All of the facts of the situation must be considered, such as how long the child was left in the vehicle or the weather conditions, as examples.
Child Abuse Penalties in Colorado
In Colorado, penalties for child abuse, similar to other offenses, depend on the severity of the crime. For instance, if a defendant knowingly or recklessly causes a child’s death, it is classified as a class 2 felony, resulting in a presumptive prison term of 8 to 24 years. Should the judge identify significant aggravating factors, the sentence may extend to 48 years.
To ascertain the potential penalty for a specific case, it is essential to identify the charged level of misdemeanor or felony and consult the Sentencing page. It is important to note that child abuse is categorized as an Extraordinary Risk Crime in Colorado, which elevates the maximum sentence associated with each crime level.
Required Prison Sentences
When an individual is determined to have acted “knowingly” or “recklessly” and is convicted of a class 2 or 3 felony, a mandatory prison sentence is imposed. The judge is required to impose a sentence that is no less than the midpoint of the established presumptive range. For instance, if someone is found guilty of recklessly causing significant harm to a child, incarceration is obligatory, with the minimum sentence set at 8 years, which represents the midpoint of the 4 to 12 year range for a class three felony.
Child Protective Services
Denver Child Protective Services, often referred to as “Social Services,” may intervene in a family when there are claims of child abuse. If you face such charges, be cautious, as any statements made to Child Protective Services could be utilized in your criminal case. This situation presents a challenging dilemma for the accused, who must balance the desire to cooperate with the investigation against the right to remain silent under the Fifth Amendment. From a criminal defense standpoint, it is essential to refrain from making any statements to either the Denver police detectives or Child Protective Services.
Contact a Denver Child Abuse Defense Lawyer Today
If you face allegations of child abuse in Denver, it is essential to act promptly and consult with a skilled child abuse defense attorney who can safeguard your rights and future. Such charges carry severe implications, including potential imprisonment, loss of custody, and a criminal record that may impact your professional and personal life. An experienced Denver child abuse defense attorney can assess the evidence, conduct a thorough investigation, and formulate a robust defense strategy aimed at securing the best possible outcome for your situation. Take immediate action to obtain the legal support you require; reach out to Churchill Criminal Defense today to arrange a consultation and begin constructing a solid defense for your case.
