It’s no secret that children are some of the most vulnerable members of society, which is why crimes involving them are considered some of the most heinous offenses. Alleged offenders are considered monsters even before they receive a fair trial. As such, if you have been charged with child abuse in Texas, understanding how to navigate these complicated circumstances is critical. The following blog explores when these penalties are warranted and the consequences you can face if convicted. You’ll also discover how Houston family violence defense attorneys can examine your case to determine the potential defense that can help your case.
What Circumstances Warrant a Child Abuse Charge in Texas?
In Texas, child abuse charges are warranted in instances where someone inflicts mental or physical injury upon a child that impacts their growth and development. This includes physical abuse, like hitting, slapping, kicking, or punching, as well as sexual abuse. It’s also important to note that the threat of violence that can result in substantial harm is also considered abuse under Texas law. You can also face this charge for intentional neglect, such as failing to meet the basic needs of a child or allowing them to be exposed to violent and sexual behaviors.
It’s also critical to note that if you are aware of the abuse of a child and continue to permit or even encourage it, you can be charged with abuse even if you never physically touched the child.
It should be noted that in Texas, physical discipline of children is allowed. However, it must be noted that force must not be excessive, which typically means that no marks should be left on the child.
What Consequences Can I Face if I’m Convicted?
In most instances of child abuse in Texas, perpetrators will face either a Class A or Class B misdemeanor if convicted. However, depending on the circumstances of your case, the charges can be considered aggravated due to the nature of the crime, resulting in a felony offense. Typically, reckless child abuse is a second-degree felony that carries a minimum of two years in prison, while intentional child abuse is a first-degree felony that carries up to life in prison and thousands of dollars in fines.
Are There Any Potential Defenses I Can Utilize?
Being accused of child abuse can be incredibly damaging to your life. Not only can you spend a significant amount of time in prison, but it can severely impact your reputation and relationships. As such, you’ll find that working with an experienced criminal defense attorney is in your best interest, as they can help you explore your legal options during these challenging times.
One potential defense that could work for your circumstances is proving that the claims against you are fictitious. Unfortunately, it’s not uncommon for scorned ex-spouses or spiteful family members to allege child abuse against another party. As such, you may be able to gather evidence to help refute the claims.
It’s important to understand that in some instances, failure to seek medical care on behalf of the child can result in an abuse charge. If this is the case, you may be able to use the defense that your actions fall in line with acceptable medical treatment under your religious beliefs.
Facing accusations of child abuse and the penalties that can accompany a conviction is something that should not be taken lightly. As such, it is in your best interest to connect with an experienced criminal defense attorney to help you explore your legal options. At the Gonzalez Law Group, we understand how devastating these charges can be, which is why we will do everything possible to fight for a favorable outcome. Contact us today go learn more.
