Many laws in the state’s criminal code aim to protect vulnerable members of society. This includes children who cannot defend themselves or remove themselves from dangerous situations. Even if no direct harm comes to a child, the law still allows police officers to arrest individuals who allegedly place kids in harm’s way.
Many situations and misunderstandings can result in charges related to the abuse or neglect of a child. When you face these severe allegations, you need help from a Gilbert child abuse lawyer who can handle your case the right way and fight to protect your best interests. Talk to the dedicated attorneys at Grand Canyon Law Group today about a defense strategy to preserve your future.
The most serious examples of child abuse in Gilbert are those that allege intentionally harming a child. Arizona Revised Statute § 13-3623 outlines charges for child abuse involving the intentional infliction of physical or mental harm to a child under the age of 15. The harshest charges allege aggravated battery or deliberate infliction of severe bodily or mental harm on a child.
Encouraging another person to inflict these injuries can also lead to charges. In addition, cases may allege that a person allowed a child to suffer an injury due to reckless or negligent behavior. These are still felonies where convictions come with mandatory prison sentences.
Child abuse convictions can be as high as a Class 2 felony depending on the circumstances. This means that a first-time conviction with mitigating factors could lead to a minimum prison sentence of three years. If aggravating factors are present in the case, this term may be as long as 12.5 years. Our Gilbert attorneys can assist those facing intentional and negligence-based child abuse charges and work to mitigate the potential penalties.
Causing intentional harm to a child can result in severe consequences. However, allegedly placing a kid in a dangerous situation can also give police probable cause to make an arrest.
An arrest and prosecution can result even when a child does not suffer actual harm. This broad concept means that a person may face severe charges for various scenarios—for example, alleged reckless driving with a child in the vehicle. The child abuse lawyers at our firm can build a strong defense tailored to the specific charges and resolve any misunderstandings that may have led to an arrest.
The legal process after a child abuse arrest will depend on whether the charges are misdemeanor or felony. Misdemeanor cases are heard in the municipal court, while felony cases will be handled by the Maricopa County Superior Court.
After a misdemeanor charge, the officer might give a citation and release the accused person. That person may not be able to have contact with the child in question while the case is pending. However, the officer can also arrest someone on misdemeanor child abuse charges. They may then be booked in Gilbert and released for their hearing, or they may get a misdemeanor bond put on them as well.
If you are arrested for a felony offense, you will be booked into jail in downtown Phoenix. Within 24 hours, you will have a hearing before a judge who will determine your conditions of release while the case is pending. An accused person may be let out with release conditions, or they may need to post a bond to be released.
Any risk of injury to a child under the age of 15 can be charged as a felony. Additionally, any cases involving weapons or major physical injuries may lead to felony charges, regardless of the age of the minor. After a child abuse arrest, it is crucial to contact a skilled local attorney as soon as possible, regardless of whether the charges are misdemeanor or felony.
After being charged with risk of injury to a minor, a defendant will go through multiple pretrial conferences. At this stage, their attorney will work to negotiate a potential outcome or dismissal with the prosecutor. As such, it is critical for defendants to secure representation from a child abuse lawyer who can advise on what to expect. The attorneys at our firm have handled countless child abuse cases in Gilbert and deeply understand the local legal systems.
Next, the prosecution will typically extend a plea offer to the accused. If the defendant does not want to accept the plea offer, they will go to trial. The legal team at Grand Canyon Law Group can advise on the best choice for the specific child abuse case. We will aggressively defend an accused individual in court and fight to mitigate or avoid the consequences of a conviction.
The Department of Child Safety (DCS) will always investigate allegations of child abuse or risk of harm to a minor. This can further complicate these cases, as the DCS investigation will be separate from the criminal investigation.
The DCS may visit the home to make sure that the kids are in a safe place. It is important to retain a dedicated child abuse lawyer during the investigative process to protect your rights and relationships with your family. A skilled attorney can work to ensure that these criminal charges do not cause a parent to lose their kids.
If you are accused of or arrested for child abuse, you may be scared, overwhelmed, and confused. These are serious criminal allegations that could impact your freedom, reputation, and relationship with your family. Child abuse cases can also be legally complex, as many different scenarios could fall under this category of charges.
The legal process for charges involving risk of injury to a child can be complex and confusing. These cases are also highly emotional, as your rights, reputation, and relationships are at risk. Luckily, the diligent attorneys at Grand Canyon Law Group are here to advise you and defend your side of the story at every stage.
The more obvious forms of child abuse involve physical injury or striking in any way that leaves a mark. However, any situation where a child could reasonably fear risk of harm may constitute abuse.
There are a broad range of behaviors that could lead to charges for risk of injury to a minor. Essentially, knowingly placing a child in a situation that could be considered dangerous might be enough for child abuse or even abuse charges.
In cases involving risk of injury to a child, the alleged harm can be physical or mental. Beyond violence, abuse could involve anything that harms a child’s physical well-being, such as failure to provide enough food or exposure to drugs. In terms of mental well-being, there are many circumstances that could be charged as risk of injury to a minor. For instance, exposing a child to pornography or sexual content could be considered abuse.
Even allowing a child to be present during a domestic violence dispute could lead to criminal charges, even if they were not harmed. Because there are many situations that could lead to child abuse charges, it is important to speak with a knowledgeable Gilbert attorney at Grand Canyon Law Group who can answer questions and advise on a strategy for the specific circumstances.
There is a huge difference between child abuse cases that involve sexual contact and those that do not. Sex crimes are handled completely differently, and the penalties could be increased to lifetime prison sentences, especially for cases involving children under the age of 15.
Other potential consequences include significant probation and required sex offender registration. Anyone facing child abuse charges and/or sexual allegations should immediately contact the experienced attorneys at our Gilbert office to defend against severe penalties.
If you are facing allegations of child abuse or neglect, you need a dedicated legal advocate to ensure that your side of the story is heard. During the investigation, it is essential to have a buffer between you and law enforcement, as the prosecution will try to misconstrue your statements and use them as incriminating evidence.
The attorneys at Grand Canyon Law Group have experience prosecuting these types of cases and now use that knowledge to successfully defend the accused. Regardless of the facts of your case, we can minimize the damage to your freedom, reputation, and way of life. We are prepared to negotiate and argue for the best possible outcome, whether it is a dismissal, plea agreement, or trial. If you have any questions about child abuse cases in Gilbert, give us a call today.
Protecting children is one of the primary goals of the criminal justice system. Not only can police arrest those they accuse of causing actual harm to children, but they may even arrest you if they suspect that you have placed a child under the mere threat of harm. This can lead to complex legal situations that require help from a Gilbert child abuse lawyer.
The former prosecutors at Grand Canyon Law Group are ready to help you throughout the legal process. Whether you face allegations of intentional abuse, neglect, or situations related to dangerous events, we will fight to protect your rights and freedoms. Contact us today to discuss your charges.