Child Abuse is charged in Fort Collins and Larimer County when a person is accused of causing harm to a child or allowing a child to be in harm’s way. A woman was recently sentenced in Douglas County, Colorado for this crime after she was found guilty at trial for medical Child Abuse. According to the report, the mother had claimed that her son had many medical issues and subjected him to painful and potentially dangerous medical tests and treatments. However, once the child was taken from her custody, he hasn’t experienced any medical issues. She was found guilty of felony charges for planning to kidnap her son from foster care. She was ultimately sentenced to 60 days in jail and two years of probation. The judge suspended a three-year sentence to Colorado Department of Corrections (prison). If she is does not successfully complete the other portions of her sentence, she may have to serve three years in prison.
Colorado Law Definition of Child Abuse: What is Medical Child Abuse in Fort Collins?
The Fort Collins, Larimer County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:
(2) In this section, “child” means a person under the age of sixteen years.
It was argued that the mother claimed that her son had serious medical conditions, like a seizure disorder, a heart condition, brain tumors, and terminal illnesses, she was subjecting him to medical tests and treatments that were unnecessary, painful, and sometimes dangerous. These medical diagnoses and her son’s symptoms were presented to the jury as lies and exaggerations.
Sentence for Medical Child Abuse in Loveland and Estes Park
In Fort Collins, Loveland, and Estes Park, Child Abuse is charged based on the intent and the level of injury. In the case above, the mother was charged for causing injury to her child. When death or injury to a child occurs, then Child Abuse is charged as follows:
(II) When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony.
(III) 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.
(IV) 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.
(V) 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.
(VI) 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 mother was charged with a misdemeanor, it was likely charged under subsection (V) – the acted knowingly, but the child did not suffer serious bodily injury.
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. We also practice in Greeley – Weld County. CLICK HERE TO VISIT OUR GREELEY SITE. Together, we can protect your future.
Photo by Pavel Danilyuk