Are you facing child abuse charges in McKinney, TX? These accusations are extremely serious and can affect every part of your life, from your career to your family relationships. Don’t wait–contact Texas Defense Firm at (972) 369-0577 for the help you need.
Our attorneys know what it takes to challenge the evidence and fight for you every step of the way. Reach out today to schedule a consultation with a McKinney child abuse defense lawyer.
Why Hire Texas Defense Firm if You’re Arrested for Child Abuse in McKinney, TX?
If you’re facing child abuse charges in McKinney, TX, your future and your freedom are at risk. When you work with Texas Defense Firm, you get fierce advocates and relentless support every step of the way.
Here’s what sets us apart:
- Our attorneys are available 24/7 – we pick up every time because emergencies don’t wait for business hours.
- We have been voted the best criminal defense attorneys in McKinney, showing a track record of respect and results in our community.
- We have more than 200 years of combined legal experience, with lawyers skilled in defending both state and federal charges.
When so much is on the line, you need experienced attorneys who are familiar with the laws in Texas. Contact us today for an initial consultation with a McKinney criminal defense attorney.
Child Abuse Laws in Texas
In Texas, a person can be charged with child abuse or injury to a child under Texas Penal Code § 22.04 if they intentionally, knowingly, recklessly, or with criminal negligence cause bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury to a child.
Serious bodily injury refers to harm that results in the permanent or long-term loss or damage of a body part or organ, or any injury likely to cause death.
A person doesn’t have to physically harm a child to face charges – Texas law also makes it a crime to fail to act if you have a legal duty, such as a parent or guardian, or if you have assumed responsibility for caring for a child and fail to protect them from harm.
Explanation of Mental States for Child Abuse Charges
To prove abuse, prosecutors must show the accused acted with a particular mental state, including one of the following:
- Intentionally: Meant for the harm or result to happen.
- Knowingly: Understood that their actions would probably hurt the child.
- Recklessly: Knew about a significant risk and chose to ignore it.
- Criminal Negligence: Should have known about the risk, but failed to recognize or act on it.
Courts take these charges extremely seriously. If you’re facing accusations, reach out to a lawyer right away.
What Are the Penalties for Child Abuse in McKinney, Texas?
Child abuse charges in McKinney, Texas, bring extremely severe penalties that depend on how serious the harm was and the accused person’s state of mind.
Here’s an overview:
- First-degree felony (intentional/knowing serious injury): If a person intentionally or knowingly causes serious bodily injury or serious mental impairment, it’s a first-degree felony. This charge carries a sentence of 5 to 99 years or even life in prison, with fines up to $10,000.
- Second-degree felony (reckless serious injury): If serious bodily injury or serious mental impairment happens because of reckless conduct, it’s considered a second-degree felony. A conviction can mean 2 to 20 years in prison and a fine of up to $10,000.
- Third-degree felony (intentional/knowing bodily injury): If someone intentionally or knowingly causes bodily injury that isn’t as severe as above, it’s charged as a third-degree felony. This brings 2 to 10 years in prison and a maximum fine of $10,000.
- State jail felony (reckless bodily injury or criminal negligence): When bodily injury arises from reckless behavior or criminal negligence and the injury is not as severe, the charge may be a state jail felony. Punishment ranges from 180 days up to 2 years in a state jail facility, as well as fines that can reach $10,000.
Texas courts take child abuse charges extremely seriously, so anyone accused should act quickly to secure experienced legal representation.
Collateral Consequences of Child Abuse Charges
A conviction or even an accusation of child abuse can have far-reaching effects beyond just criminal penalties. These collateral consequences can impact nearly every area of your life for years to come.
You might face:
- Child custody and family matters: Child abuse charges can result in the loss of custody or visitation rights, even if the case is still pending. Family courts may restrict or closely supervise any contact you have with your children, and allegations can also surface in divorce or custody disputes, complicating those proceedings.
- Employment and professional licensing: Many jobs, especially those involving children, healthcare, or education, will become difficult or impossible to keep with a felony child abuse conviction. Texas law can suspend or revoke various professional and occupational licenses, blocking you from certain industries permanently.
- Housing and public benefits: A conviction can put your current housing situation at risk, especially if you live in public or subsidized housing. A conviction could make you ineligible for public assistance and other benefits.
- Criminal records and social stigma: Child abuse convictions will show up on your record, complicating matters for future employment, volunteer opportunities, and rebuilding your reputation in the community. Many face ongoing social consequences even after the legal process is over.
- Immigration issues: For non-U.S. citizens, a child abuse conviction can have especially harsh immigration consequences. You may face deportation, denial of naturalization, or permanent bars to re-entering the country.
Because these effects can impact your home, work, and future years after a criminal case ends, it’s critical to fight child abuse charges with experienced legal support.
What Defenses Can Be Raised if I’m Arrested for Child Abuse?
If you’re arrested for child abuse in Texas, it can feel like the world is against you, but experienced legal representation can help you fight back.
Here are some common defenses your lawyer may consider:
- False allegations: High-stress situations like divorce, custody battles, or tense family dynamics can sometimes lead to false reports of child abuse. In certain cases, allegations may be fabricated on purpose or as a strategy to gain advantage or control in family court. A strong defense will work to expose inconsistent statements, reveal hidden motives, and show when an accusation doesn’t line up with the truth.
- Accidental injury: Kids are naturally active and often wind up with bruises, scrapes, or other injuries just by playing or being adventurous. Accidents happen, and these shouldn’t automatically be viewed as abuse. Presenting evidence or expert testimony to show that the harm was the result of an accident can be critical. If your actions were not meant to harm and there’s no proof you had any intent or acted negligently, you could be found not guilty.
- Lack of evidence: Prosecutors need solid evidence to turn accusations into convictions. Sometimes they rely on circumstantial proof, rumors, or suspicions instead of direct facts. If there are inconsistencies in their case and the evidence doesn’t meet the legal burden, you could be acquitted.
- Medical disagreement: Determining what really caused an injury is not always black-and-white. Medical professionals can disagree on how or when harm occurred, especially if the explanation is complicated or unusual. Your attorney can consult with independent medical experts to challenge government conclusions about an injury, opening the door for reasonable doubt in front of a judge or jury.
- Misunderstanding: Not all alleged abuse results from intentional malice. Sometimes, innocent behavior, cultural norms, or discipline can be misunderstood by outsiders – neighbors, school, or law enforcement. Things like a child describing an injury out of context can easily be misconstrued or blown out of proportion, leading to charges that don’t match what actually happened.
Facing child abuse accusations can be overwhelming, but you don’t have to go through it alone. With the right lawyer on your side, you have a chance to fight back and move forward with your life.
Allegations of child abuse in McKinney, Texas, can have devastating personal and professional effects, but you have the right to a thorough and strategic defense. At Texas Defense Firm, we will put our two centuries of experience behind your case, protecting your rights at every stage.
Don’t let fear or confusion guide your next steps – let our team work tirelessly to achieve the best result possible. Contact us today to speak with a McKinney child abuse defense attorney.