In Fort Collins and across Larimer County, Child Abuse can be charged for many different reasons. One major factor in how this crime is charged is the level of injury sustained. Hearing the term ‘Child Abuse,’ one could reason that an injury must occur, but that is not the case in Colorado. Things like fighting with a spouse in front of a child could result in these charges – and often do in Domestic Violence cases. Let’s take a closer look at how Child Abuse is charged.
How is Child Abuse Charged in Larimer County, Colorado?
The Larimer County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
Often, the government or law enforcement will argue that because the child was in the room when dad pushed mom or when mom threw something at the wall in anger, they were placed in a situation that posed a threat to them. While you may know that you would NEVER hurt your child and that your child was not injured in the event, Child Abuse charges will still be filed.
Sentencing Guidelines for Child Abuse in Loveland and Fort Collins
Sentencing guidelines for Child Abuse in Loveland and Fort Collins are divided into two categories:
- When an injury occurs;
- When no injury occurs.
This is further broken down by mental state and level of injury sustained.
When death or injury results:
- Class 2 felony – person acts knowingly or recklessly and death results;
- Class 3 felony – person acts with criminal negligence and death results;
- Class 3 felony – person acts knowingly or recklessly and serious bodily results;
- Class 4 felony – person acts with criminal negligence and serious bodily injury results;
- Class 5 felony – person acts knowingly or recklessly and injury other than serious bodily injury results, AND the person has a previous conviction for Child Abuse
- Class 5 felony – person acts with criminal negligence and injury other than serious bodily injury results, AND the person has a previous conviction for Child Abuse
- Class 1 misdemeanor – person acts knowingly or recklessly and injury other than serious bodily injury results;
- Class 2 misdemeanor – person acts with criminal negligence and injury other than serious bodily injury results.
When no death or injury results:
- Class 5 felony – person acts knowingly or recklessly and no injury results, AND the person has a previous conviction for Child Abuse
- Class 5 felony – person acts with criminal negligence and no injury results, AND the person has a previous conviction for Child Abuse
- Class 2 misdemeanor – person acts knowingly or recklessly and no injury results;
- Class 2 misdemeanor – person acts with criminal negligence and no injury results.
If you or someone you love has been charged with Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 to schedule a free initial consultation. Together, we can protect your future.
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