Just being charged with child abuse carries an enormous social stigma. Being convicted of child abuse can result in substantial jail or prison time. Charges can be filed as misdemeanors or felonies. Either way, the stakes are high. Anyone under investigation or facing prosecution for alleged child abuse should consult with a good defense attorney.
Criminal Child Abuse Charges in Utah
The way that courts have interpreted Utah’s child abuse laws can be confusing. It is possible (according to Utah’s appellate court system) to commit child abuse without actually inflicting any real injury. It is possible to commit child abuse without intending to inflict any injury. A person may also be charged with child abuse in cases where the defendant “causes or permits” another person to inflict physical injury on a child.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
A charge of child abuse be filed either as a misdemeanor or as a felony depending on the severity of any injuries inflicted as well as on the intent or mental state of the defendant. Following is a brief overview of the various levels of child abuse that may be charged in Utah.
Second-Degree Felony Child Abuse
A second-degree felony charge of child abuse carries a maximum sentence of up to 15 years in prison and a $19,000 fine (including surcharge). A second-degree felony can be filed in cases where serious physical injury has been knowingly or intentionally inflicted on a child.
Second-degree felony charges may be filed even if the injury is not intentionally or knowingly inflicted, but instead occurs as a result of child abandonment. Although rarely filed, a second-degree felony may also be charged if, as a result of committing child abandonment, the defendant receives any benefit, either directly or indirectly.
The best attorneys understand your case involves more than just what happens in court.
The most common basis for a second-degree charge of child abuse in Utah is serious injury to a child. “Serious injury” is defined for purposes of Utah’s child abuse statute (Utah Code 76-5-109) as any physical injury or combination of injuries that : seriously impairs the child’s health; causes serious emotional harm to the child; involves a substantial risk of death, or involves physical torture.
Third-Degree Felony Child Abuse
Third-degree felony child abuse charges carry the potential for up to five years in prison and $9,500 in fines (including surcharge). A third-degree felony child abuse charge may also involve serious injury to a child, if the injury is inflicted recklessly (as opposed to
“knowingly or intentionally”). Child abandonment may result in third-degree felony charges only if no serious injury results from the abandonment.
Misdemeanor Child Abuse – Class A
A class A misdemeanor child abuse charge has a possible sentence of up to one year in jail and a fine of $4,750 (including surcharge). A class A misdemeanor child abuse charge may be based on a serious injury that is negligently inflicted, or on an ordinary “physical injury” that is intentionally or knowingly inflicted.
Understanding your goals is the first step to developing the best defense strategy.
Child Abuse as a Class B Misdemeanor
Child abuse is considered a class B misdemeanor if the injury is not serious, and if the injury occurs as a result of reckless conduct by the defendant. A class B misdemeanor child abuse charge carries a potential penalty of up to 180 days in jail and $1,900 in fines (including surcharge).
Class C Misdemeanor Child Abuse
Child abuse can be filed as a class C misdemeanor, with a penalty of up to 90 days in jail and $1,425 in fines (including surcharge). Child abuse is considered a class C misdemeanor if the injury involved is not serious, and if the defendant’s conduct was only negligent.
Physical Injury – Child Abuse with no Injury
While child abuse laws in Utah require proof of an “injury” in order to support a criminal charge, there need not be proof of an actual “injury” in the ordinary sense of the word. Utah law defines “injury” as including things that one would ordinarily consider to be an injury (such as bruises, cuts, lacerations, broken bones, etc.) the term “injury” also includes failure to thrive, malnutrition, or “any other condition which imperils the child’s health or welfare.”
Choosing the right attorney can be the most important decision you make.
Imperils the Child’s Welfare
This language — “any other condition which imperils the child’s health or welfare” — has been interpreted by Utah courts as including conditions in which no actual injury is inflicted, but the risk of such an injury. Thus, a child abuse charge can be supported where the evidence only shows that the child was put at risk of receiving an injury.
