Larimer County Attorney for Child Abuse No Injury Charges
Dealing Drugs with a Child in the Backseat

Two people were charged with Child Abuse after they were pulled over for a traffic stop and drugs were found in the car, along with a 5 year old child. Read more here.

Usually when you hear the term Child Abuse in Fort Collins and Larimer County, you think of someone physically harming a child. However, there doesn’t need to be any injury or pain to charge this crime. Simply putting a child in a situation where there could be danger can result in these crimes. In fact, we often see Child Abuse charges added to our client’s cases because the child was present when a crime was committed. Even if the child wasn’t directly involved in the incident, their presence is enough to get the Child Abuse charge. Recently, during a traffic stop, it was discovered that the car contained marijuana and edibles along with shrooms. The quantities were high enough to charge crimes related to drug possession and other related charges. Because the driver’s 5-year-old son was in the backseat, Child Abuse charges were added as well.

No Injury Child Abuse Lawyer in Fort Collins: Definition of Child Abuse in Colorado

The Larimer County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:

A person commits child abuse if such person causes an injury to a child’s life or health, or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child’s life or health, or engages in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

Basically, law enforcement and district attorney justify Child Abuse charges when a child is present when any crime is being committed because they feel that it puts the child at risk. For example, we have seen situations where a husband and wife are arguing in one room of their house while the children are playing in another room. The argument escalates and police are called. The wife claims that her husbands pushes her out of the way as he is trying to leave the room. The children come out to see the commotion and the husband ends up arrested for DV Harassment. Child Abuse is also added because the children were in the house when the alleged Harassment occurred.

Sentence for Child Abuse – No Injury in Loveland and Estes Park

In Fort Collins, Loveland, and Estes Park, Child Abuse where no injury results can be charged as a class 2 or class 3 misdemeanor depending on intent. If the person charged acting knowingly or recklessly then it is the class 2 misdemeanor. If the person acted with criminal negligence, then it is a class 3 misdemeanor.


If you or someone you love has been charged with Child Abuse, whether it resulted in injury or not, 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.

Photo by Tim Mossholder from Pexels