Child Abuse Defense Attorney in Aurora, Colorado
Child Abuse is a Serious Criminal Charge that Requires a Skilled Defend Attorney.
Child abuse can be filed a misdemeanor or felony. Both types of charges can have serious consequences on your rights and life. The facts of your case are important.
If you have been accused of child abuse in any court, request a free consultation from our child abuse defense attorney. Child Abuse charges are usually filed with other criminal charges.
This type of chare can come with fines, jail time, and probation. Our Child Abuse Attorney regularly represents clients in Arapahoe County, Douglas County, Adams County, and the Denver Metro Area. Our defense lawyer routinely appears in municipal courts, such as Aurora Municipal Court.
What is Child Abuse under Colorado Law?
A person commits child abuse if such person causes an injury to a child's life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child. The definition of child abuse is found at Colorado Revised Statute 18-6-401.
The term child means someone under the age of 16.
Child abuse can be physical abuse or emotional abuse. Prosecutors will routinely charge child abuse in cases where there is not injury. If a parent is driving under the influence with a child in the car, the defendant can be charged with child abuse. It is also not uncommon for a prosecutor to charge child abuse in domestic violence cases if the child is present at the time of the act.
In cases where child abuse is added, the child abuse charge will always aggravate the crime.
What is the Punishment for Child Abuse in Colorado?
The punishment for child abuse is dependent on the harm that was caused to the child. This will define the level of the criminal offense.
When a defendant intentionally or recklessly cause bodily injury to a child, it is a class 1 misdemeanor. A class 1 misdemeanor is punishable by up to 364 days in jail or a fine of up to $1,000.
If a defendant negligently injures a child or places a child in a position to be injured, the crime is a class 2 misdemeanor. A class 2 misdemeanor is punishable by up to 120 days or a fine of up to $750.
Child abuse can also be classified as a felony.
A person that knowingly or reckless causes the death of a child commits a class 2 felony. If the death is caused through negligence, it is a class 3 felony.
Serious bodily injury can also result in a felony charge. This is injury that can lead to death or disfigurement. It also includes serious burns and broken bones.
If the serious bodily injury is caused intentionally or recklessly, it is a class 3 felony. A person who negligently causes bodily injury commits a class 4 felony.
A person can also be charged with a class 5 felony child abuse if the jury finds the defendant was in a position of trust, use threats of violence, or committed the offense as a continuation of a pattern.
Our criminal law section will detail more concerning the punishment for each felony level offense. A court can also place a defendant on probation. For first time offenders, a court could require a defendant to do participate in a parenting class.
How are Child Abuse cases handled differently than other cases in Colorado Criminal Courts?
Child abuse cases are handled differently from start to finish. There are typically specialized detectives that investigate these types of offenses. Law enforcement also employs “forensic interviewers” to speak with the children in controlled situations. It is very important to have a criminal defense attorney that understands these procedures and policies.
Child abuse charges will also result in a criminal protection order. These are automatic protection orders that could require a defendant to vacate the home of the child and be prohibited from contacting directly or indirectly the child. These protections orders can be modified, but it takes a skilled child abuse defense attorney.
What are Defenses to Child Abuse?
The most common defenses to child abuse are affirmative defense. This would include a defense like self-defense. Self-defense is the use of force to defend yourself.
Obviously, it would be hard to establish self-defense if you are dealing with a minor child. However, a child can be a victim under the age of 16.
A specific defense to child abuse is that the parent was using reasonable and appropriate force to discipline the child. However, the law does not define reasonable and appropriate. The issue will depend on the injuries that are seen.
An ugly truth about child abuse allegations is that they can be false accusations of child abuse. False accusations are usually accompanied by custody disputes. This is not always the case, but it does unfortunately happen.
A skilled child abuse attorney will consider this possibility to determine if the alleged crime occurred. If your relationship with the other parent of your child may be a factor in the alleged offense, it is important to let you criminal defense attorney know that at your initial consultation.
Speak with A Qualified Child Abuse Defense Attorney Today
There is not a one size fits all defense for child abuse. These cases are driven by their facts and individual circumstances. It is important to know the facts of your case before formulating the defense.
While these matters seem simple and straight forward, it requires a skilled attorney to look at the facts and craft the best defense possible. If you are charged with an assault type case in Aurora or the Denver Metro Area, request a consultation today.
We are open during regular business hours, and we will stay late and be available on the weekends if necessary. Schedule a free consultation with an Child Abuse Defense Attorney from the Lawrence Law Firm. We are ready, willing, and able to represent you.
Child Abuse Defense Attorney in Aurora, Colorado
Let us assist you with your child abuse case. Our experienced criminal defense attorney is available to speak with you today. He will explore the facts of you case and discuss the options you have to proceed. We routinely handle child abuse cases. Our office is in Aurora, but we handle cases in Denver, Arapahoe, Adams, Jefferson, Douglas, and surrounding courts in Colorado.