While Colorado has no official law concerning what age a child can be left home alone, that does not prevent a parent from being charged with Child Abuse if the unsupervised children encountered danger. That is the case for a Denver mom, who was recently sentenced to 10 days in jail and four years of probation for Child Abuse. According to the news report, the mother worked across the street from her apartment and left her 3 and 5-year-old sons alone to go to work. A fire started in the complex and the boys had to be rescued by firefighters. The two young boys suffered some injuries and the woman was arrested and charged with Child Abuse causing serious bodily injury. Could this incur in Fort Collins?
Larimer County Child Abuse Attorney: What is the Definition of Child Abuse?
The Colorado law definition of Child Abuse in Larimer County – C.R.S. 18-6-401 – is:
Based on the definition, the mother was charged with Child Abuse because she allowed her children to be home alone, placing them in a dangerous situation that resulted in injuries. While accidents happen in Fort Collins, Loveland, and Estes Park and no one can see into the future and know when something unexpected, like a fire, is going to happen, the law can hold a parent responsible if they feel that the parent did not do everything in their power to prevent it or keep their children safe. It’s extremely objective, and often unfair.
[pullquote align=”center” textalign=”center” width=”100%”]Have you been charged with Child Abuse? Contact the experienced attorneys from the O’Malley Law Office to defend you today![/pullquote]
Fort Collins Child Abuse Lawyer: What is the Sentence / Punishment for Child Abuse Resulting in Injury?
Child Abuse can be charged if injuries occur or not. According to the statue, if death or injuries occur, the following level of felony or misdemeanor will 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
- 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.
Because the boys suffered serious bodily injury related to the fire, the woman could have faced a class 3 or class 4 felony Child Abuse charge. Plus, Child Abuse is considered an extraordinary risk crime, which extends the potential maximum sentence. While it was not disclosed what level felony she pled to, either the class 3 felony Child Abuse or the class 4 felony Child Abuse charge could have resulted in the sentence she received.