hild Abuse – is a very serious crime and it carries severe consequences. Accidents do happen and the government likes to charge child abuse. The Government likes to tell you how to discipline your child. A parent or guardian has the right and “special relationship” which allows them to discipline their child. The police like to tell you that leaving a mark makes it child abuse. Not true. A jury decides whether the discipline was reasonable. Child abuse does happen and in most cases, it comes to light when the child outcries to an adult or friend. Often times child abuse is the result of permissible family discipline. In Denver the incidence of child abuse is higher when compared with other states, which further encourages a feeling of outrage against an individual accused of the act. However, the fact remains that this accusation may be brought about even against completely innocent individuals. In some cases, innocent conduct is misinterpreted as child abuse.
Injuries on a child that seem consistent with an act of child abuse may simply be the result of sporting injuries or injuries arising from other commonplace causes. To ensure that you are not accused or convicted unfairly, it is critical for you to present a strong and aggressive defense through a competent child sexual abuse criminal defense lawyer.
Many situations could result in similar injuries
Children participating in team sports or full contact sports often sustain injuries that seem suspiciously like those arising from child abuse. A physician may mistake them for signs of child abuse and make a formal report. In several cases, the physician may simply report the injuries when he/ she is unable to find any other reason for the injuries or ailment. This may happen whenever the injuries are disproportionate to the incident that is believed to have injured the child. The physician may also be driven by his innate protective urge for children and hint at sexual abuse in his zeal to safeguard the child from further ‘harm’.
Whatever the motives behind the physician’s report, such an allegation can severely damage your reputation and have some major consequences on your personal and professional life, including preventing you from having custody of your children. This is exactly why you need to take immediate and aggressive action when facing these charges. At the law office of Richard B. Huttner one of the main focal points of our defense strategy is to focus on the physician’s statement and finding the loopholes in it to ensure that the charges against you are proven wrong.
Defending against the charge
Colorado has different types of child abuse. Intentional, negligence, reckless, injuries occurred, no injuries occurred are just a few. The prosecution is required to prove different mental states for different situations. Unfortunately, child abuse is child abuse and the stigma is the same. Whether you were negligent in your care and no injury occurred but it was possible an injury COULD occur–they charge child abuse. If you intentionally harm your child and serious bodily injury occurs, it is child abuse. Whether you face jail for misdemeanor child abuse or prison for felony child abuse–It is child abuse. Your best defense is to gather every bit of evidence that indicates that this did not happen. Even though you are presumed innocent, it is often necessary to prove your innocence in these type of cases.
There are several degrees of severity in charges brought on the accused in a child abuse case, Misdemeanor Child Abuse Charges being the least severe. There are several scenarios of child abuse like emotional abuse and molestation, and you may be wondering where “misdemeanor” comes into picture. A misdemeanor child abuse charge is when a child is indirectly subjected to trauma, often as a byproduct of domestic violence. For instance, during a domestic violence incident, if a Denver police officer decides that a child was living in a hostile and violent environment, the parents could be charged with misdemeanor child abuse. Once charged with the crime, it is almost impossible to get custody of your child without stringent investigation. In some cases a dependency and neglect proceeding will be prosecuted by the County Attorney to determine whether you are fit to parent your child. In serious child abuse cases, the children can be removed from the house and placed with relatives or foster parents.
Children in these situations may not be physically abused, and they may be perfectly healthy and nourished. However, they might have severe mental trauma that will negatively impact them for the rest of their lives. If a parent leaves drugs and needles around the house, this could also be considered as a misdemeanor. Producing/consuming drugs in the presence of a child, on the other hand, could have more serious consequences and will be seen as more than a misdemeanor.
Ignoring a law is equal to breaking it. You cannot say in court that you were unaware that the victim was being abused, for it is your duty to refrain from acts that may be harmful to your child. Denying a child adequate food, shelter, clothing, and education are considered to be child abuse, and not mere misdemeanors.
Implications of misdemeanor charges
Many individuals are under the assumption that child abuse is constituted only by physical harm. They fail to understand that it could be anything from causing emotional discomfort to not catering to basic the basic needs. Even putting a child in a potentially harmful situation is enough to be considered as a misdemeanor, and is punishable by Colorado law.
What you should do if you’re accused of a misdemeanor
The first step in taking back your life and proving your innocence is to speak to a qualified criminal defense attorney experienced with child abuse claims and defense like attorney Richard B. Huttner. Mr. Huttner has extensive experience fighting for several clients in similar cases. It’s time to build an impenetrable defense for you against allegations and fight to clear your name and reputation. Richard B. Huttner has dealt with numerous child abuse cases and has a good track record of court wins, and can help you investigate your situation thoroughly and help you minimize your charges.