Child Abuse, C.R.S. 18-6-401, is often charged as a misdemeanor at the Larimer County Courts. Misdemeanor Child Abuse charges are usually filed whenever the defendant engages in reckless or negligent conduct, and the child was not seriously injured as a result. Even so, the penalties that may result from a conviction of misdemeanor Child Abuse can still wreak havoc on your future. Not only could you be sentenced to the Larimer County Jail, but you will also be left with a criminal record that could prove difficult to seal. If you have been charged with misdemeanor Child Abuse, don’t wait – contact a top criminal defense lawyer today.
1. What is the Definition of Child Abuse, C.R.S. 18-6-401, at the Larimer County Courts?
The definition of Child Abuse, C.R.S. 18-6-401, is as follows at the Larimer County Courts:
Child Abuse may be charged as a misdemeanor or felony. This depends on whether the child was injured or killed, severity of injuries, and whether the child was subjected to a pattern of abuse.
2. When is Child Abuse Charged as a Misdemeanor in Fort Collins?
In Fort Collins, Child Abuse is charged as a misdemeanor when the defendant:
- Acted knowingly, recklessly, or with criminal negligence, and
- Rendered minor bodily injury to the child, or placed the child in a situation that could have resulted in injury.
These criteria do not apply when the defendant engaged in repeated patterns of abuse, per (7) (e) of C.R.S. 18-6-401. Examples of misdemeanor Child Abuse include:
- Forgetting to turn off the stovetop after you’re done cooking, allowing your curious toddler to reach for the burner and incur a minor first-degree burn.
- Taking your niece for a motorcycle ride around the neighborhood without a helmet on.
- Neglecting to take your son to a medical appointment.
3. How Long Could I Go to the Larimer County Jail for Misdemeanor Child Abuse?
Larimer County Jail time and fines for a conviction of misdemeanor Child Abuse depend on the class of misdemeanor with which you were charged. Class 2 misdemeanor Child Abuse is charged when no injury is rendered to the child. However, it is charged as a class 1 misdemeanor when a child incurs minor bodily injury and you acted knowingly, recklessly, or with criminal negligence. See the table below for a comparison of penalties:
Class 2 misdemeanor / M2 |
Class 1 misdemeanor / M1 |
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Note that the above table is only for a first conviction of misdemeanor Child Abuse. Per C.R.S. 18-6-401.2, if you are convicted of misdemeanor Child Abuse for the second or subsequent time, you will be given no less than the maximum sentence. For class 2 misdemeanor Child Abuse, this means that you will be sentenced to 120 days, and for a class 1 misdemeanor, you will be sentenced to 364 days. This means that these sentences can be imposed regardless of whether your first conviction was in Colorado or in another state.
If you have been charged with misdemeanor Child Abuse, know that time is of the essence. The sooner you contact a top Larimer County criminal defense lawyer, the better. Building a solid defense on your behalf starts with contacting an experienced attorney as soon as possible. If you are ready to protect your family and future, don’t wait – contact us today.
Have you been charged with misdemeanor Child Abuse? Be smart, and exercise your right to stay silent. Then call 970-658-0007 to discuss your case with a top criminal defense lawyer from the O’Malley Law Office today. Together, we can protect your future.
The location for the Larimer County Courthouse is 201 Laporte Avenue, Fort Collins, Colorado. We’ll see you there!
Photo by Pavel Danilyuk