Child Abuse is charged in Fort Collins and Larimer County when a person is accused of causing harm to a child. Unlike what most people think when they hear the term Child Abuse, there does not need to be any physical contact to charge Child Abuse. Often, it is a secondary charge – meaning that someone is arrested for a crime and because the kids were present, even thought they suffered no injury, Child Abuse is also charged.
Larimer County Child Abuse Lawyer: How is Child Abuse Charged in Colorado?
The Larimer County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
The idea behind charging Child Abuse when a child is present while someone commits another crime is that the child is in potential danger at that moment. Whether it be then witnessing an argument between their mom and dad and dad breaks a remote in anger, or a child is in the car when someone gets pulled over for dangerous driving, the government argues that the child is placed in a situation that could cause injury.
Sentence for Child Abuse in Loveland and Fort Collins
In Loveland and Fort Collins, Child Abuse is charged based on the intent of the actor and the level of injury the child sustains. It is charged as follows:
- Where death or injury results, the following shall apply:
- When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony except as provided in paragraph (c) of this subsection (7).
- When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.
- When a person acts knowingly or recklessly and the child abuse results in serious bodily injury to the child, it is a class 3 felony.
- When a person acts with criminal negligence and the child abuse results in serious bodily injury to the child, it is a class 4 felony.
- When a person acts knowingly or recklessly and the child abuse results in any injury other than serious bodily injury, it is a class 1 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- When a person acts with criminal negligence and the child abuse results in any injury other than serious bodily injury to the child, it is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- Where no death or injury results, the following shall apply:
- An act of child abuse when a person acts knowingly or recklessly is a class 2 misdemeanor; except that, if it is committed under the circumstances described in paragraph (e) of this subsection (7), then it is a class 5 felony.
- An act of child abuse when a person acts with criminal negligence is a class 2 misdemeanor; except that, if it is committed under the circumstances described in subsection (7)(e) of this section, then it is a class 5 felony.
Generally, when Child Abuse is a secondary charge (meaning it’s charged just because the child is present, but was not involved), then it is charged as the class 2 misdemeanor because no injury occurred.