Dallas Injury to a Child Lawyer, Serving Dallas and Surrounding Areas
In Texas, injury to a child is a felony charge that can stem from minor bruises, broken bones, or even death. If you or a loved one has been accused of harming a child, it’s imperative to contact an experienced Dallas injury to a child lawyer immediately.
These charges are severe and can result in prison time, steep fines, loss of child custody, and media attention. Often, these allegations surface from accidents, mistakes, misunderstandings, or reasonable discipline. Regardless of what got you in this situation, you are going to need a strong defense—and you need it now.
Our team has vast experience handling child abuse allegations—first as highly trained prosecutors and now as leading defense lawyers. In this article, our criminal defense lawyers will explain the offense, potential punishments, and possible defenses.
What is considered injury to a child in Dallas?
Under Section 22.04 of the Texas Penal Code, a person commits injury to a child if he or she intentionally, knowingly, recklessly, or with criminal negligence or by omission, causes to a child age 14 or under:
- serious bodily injury;
- serious mental deficiency, impairment or injury; or
- bodily injury
As you can see, this is a very broad definition that encompasses a wide range of actions. For example, a person could be charged with injury to a child for breaking a broom handle and using it to repeatedly beat a toddler for not using the toilet. In this example, the act was intentional and caused bodily injury or even serious bodily injury, depending on the severity of the injury.
Let’s take the same scenario and apply it to the mother, who is a victim of domestic violence herself and watched the beating, but was too scared to intervene or seek medical care for the injured baby. In this scenario, she, too, could be arrested and charged with injury to a child by omission, but has a valid defense.
The examples above illustrate two rather extreme examples of injury to a child charges. Oftentimes, the line between a crime and reasonable discipline or an accident is not so clear.
If you or a loved one has been charged with injury to a child, it’s best to contact an experienced Dallas injury to a child lawyer to find out exactly what the allegations are and how law enforcement is charging the case. From there, you can begin to build a defense strategy.
What is the punishment for injury to a child in Dallas?
Injury to a child is a felony offense; however, the degree of injury depends upon the severity of the injury and the mental state of the defendant. Our Dallas injury to a child lawyer breaks down the potential punishments in the table below.
| LEVEL OF INJURY | MENTAL STATE | LEVEL OF OFFENSE |
| Bodily Injury | Negligently | State Jail Felony |
| Bodily Injury | Recklessly | State Jail Felony |
| Bodily injury | Intentionally or Knowingly | Third Degree Felony |
| Serious Bodily Injury | Negligently | State Jail Felony |
| Serious Bodily Injury | Recklessly | Second Degree Felony |
| Serious Bodily Injury | Intentionally or Knowingly | First Degree Felony |
Punishment Ranges
First Degree Felony: 5 to 99 years or life in prison and a maximum $10,000 fine.
Second Degree Felony: 2 to 20 years in prison and a maximum $10,000 fine.
Third Degree Felony: 2 to 10 years in prison and a maximum $10,000 fine.
State Jail Felony: 6 months to 2 years in a state jail facility and a maximum $10,000 fine.
What’s the difference between bodily injury and serious bodily injury?
Bodily injury is defined as physical pain, illness, or any impairment of physical condition. It means that the child felt pain – that “it hurt.” It could be pain without bruising or it could be visible injuries like black eyes and whip marks.
Serious bodily injury is a more severe level of injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ. A child that sustains broken bones or a skull fracture, for example, would fall under the serious bodily injury category.
What defenses could a Dallas injury to a child lawyer use?
As with any criminal charge, the prosecutor has the burden to prove every element of the offense beyond a reasonable doubt. This is a high standard and one that is often difficult to meet. A skilled Dallas injury to a child lawyer will use this to his or her advantage in crafting a strong defense.
Depending on the facts of your case, some defenses that might be available are:
- False accusation
- Accident or mistake
- Reasonable discipline
- Insufficient evidence
- Victim of violence herself (for example, if mom is charged with omission)
- Affirmative defenses, including injuries occured as a result of administering medical care or through a religious method of healing.
When it comes to defending a Dallas injury to a child allegation, every case is different. There is no one-size-fits-all defense. To learn more about what defenses might be available in your case, contact an experienced Dallas injury to a child lawyer today for a free consultation.
Call for a free consultation with a Dallas injury to a child lawyer
If you or a loved one has been accused of child abuse, you are probably feeling overwhelmed and frightened about the future. The first step is finding the right lawyer. You need someone with decades of experience handling these types of cases, as well as an excellent understanding of the law and investigative techniques.
Our team is made up of skilled and seasoned trial lawyers who have handled dozens of high-profile injury to child cases. You will be hard-pressed to find another North Texas firm with this much experience. We will investigate every aspect of your case and build the strongest, most effective defense possible. Contact us today at 214-903-4000 to schedule a free consultation with a Dallas injury to a child lawyer.