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Call us today at 877-721-3423 to get started. James Luster recognizes the importance of developing an effective and aggressive defensive strategy to get the best possible result for you. A first-degree felony is punishable by 5 to 99 years in prison or life, and by a $10, 000 fine. Regardless of where the initial child abuse report goes to, an injury to a child charge will be filed with police. If the state doesn't seek the death penalty, the defendant will receive an automatic life sentence with no possibility of parole if convicted. Chapter 22 of the Texas Penal Code governs the crime of INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL in Texas. When investigating cigarette burns, examiners are concerned with the location of the burn. The offender commits assault against a family member, a dating partner, or any person who lives in the same household with the offender if the offender tries to choke or smother the victim, whether intentionally or recklessly. XYZ offers salary plus commission and bonuses for sales personnel who reach their sales quotas. However, if a person is convicted at a jury trial, then the judge cannot place a person on probation or deferred adjudication. A report of child abuse should include the reporter's belief that a child has been or may be abused or neglected or has died of abuse or neglect. Bodily injury, under Texas criminal law, is defined as contact that results in "physical pain. " 04 of the Texas Penal Code titled, "Injury to a Child, Elderly Individual or Disabled Individual. " It is tempting to believe that a detective will allow you to tell your side of the story and the case will go away.
He previously worked as a prosecutor for the Henderson County Attorney's office. The agency also takes legal action against nursing homes, assisted living facilities, and home health care agencies that violate state and federal standards. With injury to a child causing death, the child must have been age 14 or younger. A person also commits this crime by failing to do something regarding the child that puts the child in immediate danger. Talk to criminal defense attorney, James Luster, to get help with you cases. What is INJURY TO A CHILD, ELDERLY INDIVIDUAL, OR DISABLED INDIVIDUAL? "Exploitation" means the illegal or improper use of a child, elderly individual, or disabled individual for monetary or personal benefit, profit, or gain.
State law regarding these types of crimes uses some extremely subjective terms, often allowing for people to be wrongfully charged with having injured a child, elderly individual, or disabled person without criminal intent or any actual injury. To understand the limitations of their investigative power and to know your rights in injury to a child cases, you need to find a criminal defense lawyer familiar with these cases. Elements of the Crime of Injury to a Child or Elderly. Early Childhood Intervention. Find a Lawyer for Injury to a Child, Elderly, or Disabled Individual in San Antonio, TX. Professionals who investigate cases such as these will often view any inconsistencies as evidence of guilt.
The degree of punishment depends on severity of the injury and the circumstances of the offense. If a person has disciplined a child, then he or she has not committed the offense of injury to a child. An individual commits this offense if he or she intentionally, knowingly, recklessly or with criminal negligence, causes to a child: - serious bodily injury; - serious mental deficiency, impairment or injury; or. Child head trauma (injury) is common. These are usually second-degree injuries and are in random places. A defendant acting in the capacity of owner, operator, or employee of a group home or facility is considered to have accepted responsibility for protection, food, shelter, and medical care for residents of the group home or facility. The prosecutor would be required to prove that you, as a parent, had the criminal intent to fail to act by neglecting the child that caused the injury to the child. Unfortunately, false accusations of sex crimes do occur. The prosecutors will agree to a certain punishment in exchange for your "guilty" plea. Even if you know you did nothing wrong, the allegation will not disappear.
Unfortunately, mistakes happen all of the time because of the intense emotions and protective nature of people. What's the Difference between Capital Murder and Injury to a Child Causing Death? It also creates a "presumption" that someone has endangered a child, if the child tests positive for methamphetamine and there is some evidence the person caring for the child possessed or had control over methamphetamine. Your head would hit at a speed less than 15 miles per hour. Child Endangerment is a State Jail Felony in Texas.
If you are wrong, the statements may damage your defense. These could be situations where someone is charged with injury to a child or neglect, or perhaps no criminal cases have been filed. The offender may have a defense against this charge based on four circumstances summarized as follows: - Harm is caused by the offender acting or not acting in ways that are accepted tenets and practices of a religion. 12 of the Texas Code of Criminal Procedure. So, symptoms may present by signs of irritability; Child vomits – this is a tricky symptom, because children often vomit for a variety of reasons. Injury to a child by spills or splashes can lead to complex forensic questions. Regardless of whether CPS is involved in your child injury case, you need a Fort Worth injury to a child defense lawyer that will develop a strategy to beat the accusations against you. In many cases, the defense has several months to work on convincing the prosecutor to dismiss the charge before it goes to trial. The punishment under §32. The more serious charges are 3g.
Pavement can get up to 176 degrees and can burn a child's bare feet. If so, you are facing a serious criminal charge that must be defended zealously by an experienced and aggressive criminal defense attorney with experience dealing with Injury to a Child cases in Tarrant County, Texas. Intentionally drugging a person with a substance, sometimes called the "date rape drug", which causes the other person to be impaired so the offender can have sex with the drugged person. Blisters containing clear fluid. What is Criminal Negligence? Texas and Federal Basis for Child Protective Services (CPS) DFPS's Child Protective Services Program is based on federal and Texas laws. Unfortunately, some children with seemingly minor head injury have "clinically important traumatic brain injury" (CiTBI). One critical issue to be aware of is that the definition of Injury to a Child or Elderly does not include accidents. Because of this strategy, you project that next year the firm will generate 6. Another cause of accidental burns is contact with items that have been exposed to the sun for long periods. The DA's office has a short list of experts they trust.
But there is even a name for a common spiral fracture of the tibia (shinbone) in an ambulatory child, the "toddler's fracture. " Harm is caused to an child but the offender was not more than three years older than the victim at the time of the offense. Also, skin thickness varies across the body. Contact an Injury to a Child Lawyer in Fort Worth. Harm is caused to a disabled individual that the offender did not know and could not reasonably have known the individual was a disabled individual at the time of the offense. These reports may be false or may be the result of persons jumping to conclusions.
However, the state sometimes "cherry picks" the witness they believe will make the best presentation to the jury. CPS defines "Serious Sexual Abuse" as oral, anal, or genital intercourse; sexual acts performed with the child that involve the genitals or anus; touching of the genitals, breasts, or anus. Disabled Individual — A person with autism spectrum disorder, developmental disability, intellectual disability, severe emotional disturbance, and/or traumatic brain injury, or a person who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person's self from harm or to provide food, shelter, or medical care for the person's self. If CPS reports these cases orally, they must follow up with a written report within 3 days after receiving the abuse or neglect report.
ASSAULT is committed by intentionally threatening to physically hurt another person in a way that makes the victim feel that the threat is about to be carried out immediately. Honestly, a CPS case may be a great tool to gather valuable information for your criminal defense. James Luster: James Luster is a Tarrant County criminal defense lawyer with extensive experience defending indecency cases and other sex crimes. Spill or Splash Injuries.
There is a specific exception for kids playing sports. Usually heal themselves.