An allegation of child abuse is a serious issue that can impact your relationship with your family forever. The consequences of a child abuse conviction could be devastating and last a lifetime.
If you have been accused of child abuse, let an experienced criminal defense attorney help you fight the charges. To defend yourself and your rights, contact a Greenwood Village domestic violence defense lawyer. Jenn and Justie at Colorado Lawyer Team are ready to help you build a defense against the charges immediately upon your arrest.
What Constitutes Child Abuse?
The crime of child abuse in Colorado is governed by Colorado Revised Statute §18-6-401. Child abuse occurs when a person causes an injury to a child’s life or health or permits a child to be unreasonably placed in a situation that poses a threat to the child’s life or health. Also included is any behavior that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that result in the serious injury or death of a child.
Child abuse is a highly case-specific offense. When accused of child abuse, the court will consider the alleged abusive behavior, the intent behind it, and many other factors. Many behaviors and situations can be classified as child abuse. These include, but are not limited to:
- Excessive physical restraint or periods of isolation
- Leaving your child unsupervised or with a person who is incapable of supervising
- Making believable threats to kill or severely injure a child
- Allowing your child to witness or participate in drug or alcohol use
- Manufacturing (or attempted manufacturing) of controlled substances in the presence of your child
- Driving under the influence when your child is present
- Allowing your child to witness domestic violence
- Being unwilling to meet your child’s basic needs for food, shelter, clothing, or a safe environment
- Being unwilling to seek or provide medical care
- Not allowing your child to have appropriate educational instruction
- Failing to make reasonable efforts to locate your child if they are missing
- Engaging in sexual activity in your child’s presence
Striking your child with an object or fist with the intention of harm is also child abuse, with the exception of ‘reasonable parent discipline.’ The term reasonable parent discipline includes spanking or related discipline, but there are limits. It has to be “reasonable” and cause no bodily injury to the child. When deciding if discipline is reasonable, the court may look at the severity of the injury, the child’s age, and the portion of the punishment to misbehavior.
