Misdemeanor & Felony Child Abuse
Child abuse involves an injury to a child's life or health, or permitting a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engaging in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or causes serious bodily injury to a child. There are several ways in which child abuse may occur, and the statute is extraordinarily broad, and can encompass a seemingly infinite number of potential scenarios. It is often difficult to analyze whether a jury would be likely to convict or acquit since the decision may be significantly influenced by the personal beliefs, biases and parenting preferences of the jury members.
It is not uncommon for the police to charge an individual with misdemeanor child abuse after responding to a report of domestic violence and learning that a child has either witnessed an altercation or overheard a verbal argument.
Child abuse ranges from a Class 2 felony to a Class 1 misdemeanor, and the degree of the charge depends on the extent of the injury to the child.
Click below to read the official Colorado statutory definitions for this offense:
Child abuse (18-6-401)
- Alexander Garlin represented an emergency room physician who was under investigation for Second Degree Assault, Felony Menacing, Child Abuse, and other offenses in Eagle County, but the District Attorney ultimately declined to file charges. Had charges been filed and successfully prosecuted, their client would have lost his employment and probably his license to practice medicine.
- Where a school official was charged with Child Abuse for allegedly pushing a student in a Boulder County school, Alexander Garlin obtained a dismissal by presenting credible evidence that their client acted in a physically appropriate manner to subdue an out of control student and to protect other students from injury.
- After demonstrating that their client, a grandfather, acted properly by physically and forcefully preventing the taking of his granddaughter by her neglectful mother, Alexander Garlin obtained a dismissal in the Boulder County case.
- Alexander Garlin obtained a Not Guilty verdict from a Jefferson County jury in a case where a father was accused of Child Abuse for causing the death of his beloved infant child. The outcome turned, in large part, on the defense’s cross-examination of the prosecution's star witness, a nationally renowned physician specializing in determining acts of child abuse.
Alexander Garlin has experience in providing criminal defense of child abuse and related criminal charges. Whether you contact Garlin Driscoll, LLC, or other qualified attorneys, we recommend that you do so without delay so that you can better understand your circumstances, and thereby promote informed decision making that could significantly improve the ultimate outcome of your case.
The criminal defense attorneys at Garlin Driscoll, LLC, welcome your inquiry and do not charge for initial telephone, e-mail and/or office consultations.