DENVER CHILD ABUSE, C.R.S. 18-6-401 – QUESTIONS AND ANSWERS
Child Abuse Lawyers In Denver, Colorado, C.R.S. 18-6-401
We are Denver Child Abuse, C.R.S. 18-6-401, lawyers and attorneys. Felony and misdemeanor Child Abuse crimes regularly come across our desk. What separates these Child Abuse crimes from others in Denver, Jefferson, Adams County, Arapahoe, Douglas, Larimer and Weld County is the age of the victims, whom the government considers a special class, deserving of special protection.
What Is The Typical Age Of A Child Abuse Case Victim?
We usually see cases involving children who are preteen. More specifically, they are generally under the age of five years old. Instances of leaving a child unattended in a locked car are the most frequent. The Child Abuse statute says that a child is anyone under the age of sixteen years.
What Does A Misdemeanor Child Abuse Case Usually Look Like?
Misdemeanor child abuse comes in two classes: Those with non-serious injury and those without injury. If the conduct results in non-serious injury and the accused acted knowingly or recklessly, then it is a class one misdemeanor. The second case involves non-serious injury where the accused acted with criminal negligence. That is a class two misdemeanor. Repeat offenders face more serious charges.
If there was no injury, and the accused acted knowingly or recklessly, then it is a class two misdemeanor. If there is no injury and the accused acted with criminal negligence, it is a class three misdemeanor. If you have serious bodily injury, you move into felony charges.
What Does A Felony Child Abuse Case Usually Look Like?
Felony child abuse cases involve serious bodily injury to a child or the death of a child. If the accused acted knowingly or recklessly, and the child dies, it is a class 2 felony. If they acted with criminal negligence and a child dies, it is a class 3 felony. When a child is injured seriously but does not die, those acting knowingly or recklessly will face a class 3 felony. Serious bodily injury to a child from criminally negligent conduct will result in a class 4 felony charge. We once were involved in a case where a child fell out of a moving car. The mother was charged with a class four felony since her child received a broken arm from the fall. After extensive interviews and other work, we persuaded the district attorney to reduce the charges with a deferred judgment.
Are Child Abuse Cases Typically Accompanied By Dependency And Neglect Charges?
In many instances, yes. Police and Human Services (Social Services) have a symbiotic relationship where they live off one another. So, when criminal cases arise, the police will call and alert Social Services that they may want to file a Dependency and Neglect case. Generally, the decision to file is based on whether the criminal case is able to address any child protection issues the government sees. A Human Services (Social Services) investigation will often result in an attempt to list you on Colorado’s Trails Child Abuse Registry.