Utah Child Abuse Attorney - Salt Lake Criminal Lawyer
Just being charged with child abuse carries an enormous social
stigma. Being convicted of child abuse
can result in substantial jail or prison time. As an
experienced
Utah criminal defense
lawyer, Stephen Howard has successfully protected his clients
rights in child abuse cases ranging from
felony
child abuse homicide to
misdemeanor
child abuse. He has a track
record of achieving
real results
for his clients. Contact us today to schedule an initial consultation.
Criminal Child Abuse Charges in Utah
The
way that Utah's child abuse laws have been interpreted 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.
Child abuse charges can be filed as either misdemeanor or felony
charges depending on the severity of any injuries inflicted as well as
on the intent or mental state of the defendant. The following presents
a brief overview of the various levels of child abuse that may be
charged in Utah. Anyone under investigation or facing prosecution for
child abuse is strongly encouraged to consult with an experienced
criminal defense attorney.
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 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 can result in
third-degree felony charges if no serious injury is involved as a
result of the abandonment.
Class A Misdemeanor Child Abuse
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.
Class B Misdemeanor Child Abuse
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.) But the term
"injury" also includes failure to thrive, malnutrition, or
"any other condition which imperils the child's health or welfare."
This "condition which imperils the child's health or welfare" language
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.
Finding a Utah Child Abuse Defense Attorney in Salt Lake City

Just
being accused does not make you guilty. Before you do anything or
say
anything to anyone about your case, you should talk to a qualified Utah
criminal defense lawyer.
False accusations of
child abuse have been made for a variety of reasons. It may be that a
child is using the
claim
of child abuse to get attention. Parties involved in a
divorce
have been known to fabricate a claim of child abuse for the
purpose of getting custody of the child in the divorce. Innocent events
have been misinterpreted and allegations have been made when no actual
abuse has occurred.
Child abuse charges are serious. The
best
results for your case are more likely if you have an experienced
criminal defense lawyer on
your side. If you have been accused of child abuse,
contact
Utah criminal defense attorney Stephen Howard to arrange for a
confidential
consultation.