Allegations of child abuse may stem from reports of law enforcement, teachers, neighbors, family members, or others who are either concerned about the welfare of a child, or making allegations to further their own agenda, which is unfortunately common in divorce, child custody and other family law matters.
Allegations of child neglect or abuse may include all manner of alleged behavior, including hitting, spanking, kicking, or slapping a child, emotional abuse, issues involving nourishment, proper sanitation and neglect issues, mental abuse such as isolation or humiliation, or the fitness of a parent resulting from criminal conviction, drug abuse or other issues.
Common allegations of child abuse and neglect in Houston include:
- Emotional or psychological abuse of a child.
- Failure to provide medical care.
- Failure to properly care for the basic needs of a child, including food, shelter and clothing.
- Physical injury or threat of injury to a child.
- Failure to use reasonable effort to protect a child from physical injury or other harm.
- Sexual conduct with a child.
- Compelling or encouraging a child to engage in sexual conduct or pornography.
- Providing alcohol or drugs to a child.
Child Abuse Defense in Houston
As with other types of criminal allegations, the best way to protect your rights and the wellbeing of your children and family is to seek early consultation with an experienced Houston child abuse defense lawyer. While it can be tempting to try to explain yourself to DFPS or law enforcement, authorities and bureaucrats are only interested in gathering evidence of your guilt and statements you do make can harm your attorney’s ability to move quickly and aggressively to protect your rights.
Penalties for child abuse and neglect vary widely, depending on the allegations and, more importantly, what the state can prove:
- Allegations of criminally negligent abuse can result in up to 6 months in jail and a $10,000 fine.
- Allegations of child abuse involving recklessness can result in up to 2 years in prison and a $10,000 fine.
- Intentionally or knowingly causing bodily injury is a third-degree felony, punishable by up to $10,000 fine and 10 years in prison.
- Reckless actions that result in serious bodily injury or serious mental injury to a child is a second-degree felony punishable by up to 20 years in prison and a $10,000 fine.
- Intentionally or knowingly causing serious mental injury or serious bodily injury is a first-degree felony that can result in life in prison.
We can see that these charges rely on the intent and motives of the alleged offender as well as the seriousness of injuries to a child. It is common for the state to charge a defendant with the
most serious offense possible, and then offer to reduce the penalties in exchange for an admission of guilt. In many cases, the state could not have proven the more serious charges anyway, and quite possibly could not have proven the crime to which a defendant is being urged to admit. Being convicted can result in very serious consequences, including loss of custody. These are all reasons why early consultation with an experienced Houston defense lawyer is always the best course of action.
Alex Macias is an experienced Houston criminal defense lawyer who represents clients in state and federal court in Houston and the surrounding areas, including Fort Bend and Montgomery counties, Sugar Land, The Woodlands, Pearland, Knogwood, Katy, League City, Stafford, Friendswood, Richmond, Cypress, Clear Lake, Humble and Fulshear.
The Law Offices of Alejandro Macias, PC offers free and confidential consultations. Call 281-742-9508. ¡Se Habla Español!
