Injury to a Child Case? A Former Prosecutor Explains How To Defend! (2021) скачать в хорошем качестве

Injury to a Child Case? A Former Prosecutor Explains How To Defend! (2021)

Injury to a child in this state is taken seriously – Texas law is direct and highly punitive. Take a man convicted in a severe child abuse trial by jury on two counts of injury to a child earlier this year. The offenses were against two toddlers, who sustained multiple injuries including severe head trauma, fractures, lacerations, and burns, among others. Prosecution submitted evidence of the man’s text messages directing the children’s mother to lie to authorities, and brought to light the perpetrator’s tendency toward domestic violence, citing “previous abuse of two other children of similar age in a similar way.” As punishment for his actions, the judge stacked two life terms, and the offender will not begin serving his second life sentence until he is granted parole on the first – if he ever is. Even the mother, who pleaded guilting to not seeking help because she was afraid she would lose her kids, was sentenced to two 10-year prison terms. As you can see, incredibly serious. Worse, while it’s completely understandable that our state would want to protect some of its most vulnerable citizens, those charged with injury to a child are almost always automatically presumed guilty – whether the facts are there or not. Whether you believe that police or prosecutors made a mistake or want to seek rehabilitation for improper behavior on your part, fighting for your future means working with a Texas criminal defense attorney who specializes in child abuse law. In the meantime, educate yourself about Texas law and how it applies to injury to a child cases. How Texas Law Handles Injury to a Child Under Texas Penal Code Section 22.04, a person may only be convicted of committing the offense of “injury to a child” if one of the following conditions is met regarding his or her state of mind and it directly caused one of three types of legally defined injury: STATE OF MIND – The actor must have a) intentionally or knowingly, or b) recklessly committed an act or c) criminally neglected the child. RESULTING INJURY – By the action or omission as outlined above, there must be direct causation of 1) serious bodily injury, 2) serious mental deficiency, impairment or injury, or 3) bodily injury. Essentially, prosecution must prove the parent, legal guardian, or caretaker has met both of these requirements in order to secure a conviction. According to Texas law a “child” is 14 years old or younger. What if you are charged for Injury to A Child From Spanking? Technically, spanking and reasonable discipline is legal. Corporal punishment is legal in Texas if it is reasonable. How Charges Are Determined in Texas When you are unfamiliar with this type of law, a charging document can contain quite the intimidating terminology. All offenses related to “Injury to a Child” charges are considered a felony: FIRST-DEGREE – Conduct committed intentionally or knowingly that results in serious bodily injury or serious mental deficiency, impairment, or injury of a child is classified as a first-degree felony. SECOND-DEGREE – If the accused is considered to have engaged in the criminal conduct recklessly, the offense is a felony of the second degree. THIRD-DEGREE – When resulting injuries are not considered serious, but the act is deemed intentional or has been committed knowingly, the actor will face third-degree felony charges. STATE JAIL – For other injuries that are a result of recklessness, a state jail felony charge will be issued. In the case of criminal negligence, it is also a state jail felony. When charges are “stacked,” the law says a single criminal episode may be prosecuted under either or both sections. If it is prosecuted and sentences are assessed for conviction under this and another section of the code, the sentences will run concurrently. Sentenced Upon Conviction in Texas If you have questions about INJURY TO A CHILD LAWS IN TEXAS – CALL US! If your situation is out of Tarrant County or Dallas County and you would like a free case analysis, don’t hesitate to call The Fulgham Law Firm at 817-877-3030. FOR YOUR FREE EBOOK: WHAT TO DO IF YOU HAVE BEEN CHARGED WITH A CRIME IN TEXAS CLICK HERE https://www.criminalattorneyfortworth... 0:00 Injury to a Child Case? A Former Prosecutor Explains How To Defend! 01:38 How do we handle the charge of injury to a child? 01:53 What are the 3 main conditions that must be proven by the state of Texas? 03:53 Remember: state of Texas must prove intent! 04:03 What does “Contact” mean in this case? 04:30 What does “Resulting Injury” mean? 05:14 What is defined as “Child” under Texas law? 05:25 How serious are these charges (Injury to child case)? 06:50 What if a parent spanks a child? 07:54 Remember: it’s critical to work with an attorney! 09:00 If this case (injury to a child) comes up, what should you do?