Although bruises and marks alone
are insufficient evidence for a child abuse conviction, allegations of child neglect
or abuse can result in serious consequences if the alleged abuser is convicted
or placed on probation, including jail time, fines, irreparable harm to
reputation, humiliation, loss of parental rights and/or a permanent criminal record.
Charges or accusations of child neglect
or abuse do not have to result in a criminal conviction. To do so, each and every element of the
offense has to be proved beyond a reasonable doubt by the state prosecutor. This burden of proof is very high and the
State often has difficult in meeting it. If the jury has a reasonable doubt you committed every element of the
offense, you will be found not guilty. If the State does not believe they can prove their case at trial, the
State may offer to reduce the charges to a misdemeanor or even dismiss the
charges outright. Therefore, it is
extremely important that you contact an experienced criminal trial lawyer in
the Greater Houston area who will investigate your case and suggest the best
legal strategy to defend you.
Harris County Child Abuse Lawyer
Contact
James Sullivan & Associates for a free confidential consultation at (281) 546-6428 about your allegations of child abuse or child neglect.
What is Child Abuse in Houston?
Texas law defines abuse under Texas
Family Code §261.001(1) as any of the following acts or omissions:
- Mental or emotional injury to a child that results in an observable and material impairment in the child's growth, development, or psychological functioning;
- Allowing a child to be in a situation where the child receives mental or emotional injury;
- Physical injury or threat of substantial harm to the child;
- Failure to make a reasonable effort to prevent the acts of another person that results in physical injury that results in substantial harm to the child;
- Sexual conduct harmful to a child’s emotional, mental or physical welfare including conduct that constitutes the offense of continuous sexual abuse of young child or children (Texas Penal Code §21.02), indecency with a child (TPC § 21.11) sexual assault (TPC §22.011) or aggravated sexual assault (TPC § 22.021);
- Failure to make a reasonable effort to prevent sexual conduct harmful to a child;
- Compelling or encouraging a child to engage in sexual conduct such as prostitution or pornography;
- Using a controlled substance by a person in a way that the use results in mental, emotional or physical injury to a child;
- Causing, allowing or encouraging a child to use a controlled substance; and/or
- Causing, allowing, encouraging, or engaging in a sexual performance by a child (TPC § 43.25).
What is Child Neglect in Houston?
Neglect is defined by TFC §261.001(4)
as:
- Leaving a child in a situation where the child would be exposed to a substantial risk of physical or mental harm, without arranging for necessary care for the child, and the demonstration of an intent not to return by a parent, guardian, or managing or possessory conservator of the child;
- Placing a child in or failing to remove a child from a situation that a reasonable person would realize requires judgment or actions beyond the child's level of maturity, physical condition, or mental abilities and that results in bodily injury or a substantial risk of immediate harm or harmful sexual conduct;
- The failure to seek medical care for a child that results in a substantial risk of death, disfigurement or bodily injury or with the failure resulting in an observable and material impairment to the growth, development, or functioning of the child; and/or
- The failure to provide a child with food, clothing or shelter necessary to sustain the life or health of the child, excluding failure caused primarily by financial inability unless relief services had been offered and refused.
Houston Child Abuse Crimes
According to TPC § 22.04, an
individual can be charged with child abuse, injury to a child or child neglect
if they intentionally, knowingly, recklessly or with criminal negligence cause
a child:
- Serious bodily injury,
- Serious mental deficiency, impairment or injury, or
- Bodily injury.
An individual can also be charged
with child abuse if they fail to act on behalf of or care for a child the
alleged offender had a legal or statutory duty to act on behalf of or if they
have assumed care for the child, such as parent or an owner of or an employee
of a child day care.
Texas law defines as a child as
anyone 14 years of age or younger, according to TPC § 22.04(c)(1).
Bodily injury is defined as any
physical pain, illness or impairment of any physical condition, according to
TPC § 1.07(a)(8) . Serious bodily injury
is defined as any bodily injury that causes permanent impairment or loss of any
body part or organ, substantial risk of death, or serious permanent
disfigurement, according to TPC § 1.07(a)(46).
Houston Child Abuse Punishment
The possible punishments and
penalties for child abuse offenses are defined in Chapter 12 of the Texas Penal
Code. The degree of conviction and
punishment varies depending on the alleged offender’s mental state and the degree
of injury caused to the child as a result of the abuse or neglect.
An individual charged with a child abuse
offense involving criminal negligence by the alleged offender can be convicted
of a state jail felony. A state jail
felony is punishable by 180 days to two years in jail and/or a fine up to
$10,000.
An individual charged with a child abuse offense
involving reckless actions by the alleged offender that resulted in bodily
injury can be convicted of state jail felony. A state jail felony is punishable by a fine up
to $10,000 and/or a jail sentence ranging from 180 days to two years.
An individual charged with a child abuse
offense involving intentional or knowing actions by the alleged
offender that
resulted in bodily injury can be convicted of a felony of the third degree. A
felony of the third degree is punishable by two to ten years in prison and/or a
fine up to $10,000.
An individual charged with a child abuse
offense involving reckless actions by the alleged offender that resulted in
serious bodily injury or serious mental injury can be convicted of a felony of
the second degree. A felony of the second degree is punishable by two to 20
years in prison and/or a fine up to $10,000.
An individual charged with a child abuse
offense involving intentional or knowing actions by the alleged offender that
resulted in serious mental injury or serious bodily injury can be convicted of
a felony of the first degree. A felony of the first degree is punishable by a prison
sentence ranging from five to 99 years and/or a fine not more than $10,000.
What are the Duty to Report Child Abuse Laws in Texas?
According to TFC §261.101, anyone
who has reason to believe a child’s mental or physical health or welfare has
been adversely affected by abuse or neglect is required to make a report with
the Texas Department of Family and Protective Services.
Additionally, anyone who is
considered a child care professional is required to make the report within 48
hours. A professional in Texas is anyone
who is licensed or certified by the state or is an employee of a facility
licensed or certified by the state and has direct contact with children in the
normal course of their job.
Child care
professionals can include
- nurses,
- doctors,
- mental health practitioners,
- attorneys,
- members of the clergy,
- teachers,
- reproductive service clinic or facility employees,
- juvenile probation officers,
- juvenile detention or correctional officers, and/or
- day-care employees.
Failure to make a report of child
abuse or neglect as provided by Texas law can result in being charged with a
misdemeanor or state jail felony offense.
James Sullivan & Associates | Houston Child Neglect
Attorney
Contact
James Sullivan & Associates for a free consultation at (281) 546-6428 about your allegations of child abuse or child neglect
in the areas of Harris County (Houston), Fort Bend County (Richmond), or Waller County (Hempstead). James Sullivan is an
experienced Houston family crimes lawyer who will work hard to get you the best
result for your particular situation.
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HOUSTON, TEXAS & HARRIS COUNTY CRIMINAL LAWYERS
Serving Houston, Cypress, Sugar Land, Clear Lake, Pasadena, La Porte, Missouri City, Friendswood, Richmond, Hempstead, Humble, Tomball, Bellaire, Deer Park, Katy and other communities in Harris County, Fort Bend County, and Waller County.
Our Houston criminal lawyers defend clients charged with crimes in district courts and county criminal courts, including domestic violence (assault of a family member), drug possession or drug delivery, violent crimes, and juvenile delinquency.