Types of Child Abuse in Michigan | Laws, Penalties, and Defense
Child Abuse in Michigan is a serious crime that goes beyond visible physical injuries. It occurs when a child is harmed through neglect, mistreatment, or intentional wrongful acts. Abuse can take many forms, including physical abuse, emotional abuse, sexual abuse, and psychological harm. Depending on the circumstances and severity of the harm, child abuse charges in Michigan may range from a misdemeanor offense to a felony crime carrying severe penalties.
Child abuse cases are a serious criminal matter, and convictions can result in lengthy prison sentences and loss of custody rights. If you are currently facing charges for causing harm to a child in Michigan, you need to speak to a child abuse defense attorney to discuss options.
Degrees of Child Abuse in Michigan
MCL 750.136b defines four separate degrees of child abuse charges. These definitions include harm to children with varying degrees of intent.
First-Degree
First-degree child abuse involves a person knowingly or intentionally causing serious physical or mental harm to a child. First-degree child abuse is a felony and is punishable by life in prison or any term of years. First-degree child abuse is an intentional crime, meaning the prosecution must show that the alleged wrongdoer intended or knew they would harm the child.
Second-Degree
Second-degree child abuse involves any of the following:
- A person causing serious mental or physical harm through omission or reckless action
- A person intentionally or knowingly performing a reckless act likely to cause serious harm, regardless of whether actual harm occurs
- A person intentionally or knowingly commits a cruel act against a child, regardless of whether actual harm occurs
Additionally, a childcare worker or facility that violates a licensing rule and causes the death of a child is guilty of second-degree child abuse. A first-time second-degree child abuse charge is a Class D felony with a ten-year maximum prison sentence. Subsequent violations are a Class B felony carrying a maximum 20-year prison term._ _
Third-Degree
A charge of third-degree child abuse includes any of the following:
- A person knowingly or intentionally causing physical harm to a child
- A person knowingly performing a risky or dangerous act and causing physical harm to a child
Third-degree child abuse is a Class G felony for a first offense, with a maximum two-year penalty, and a Class E felony for second and subsequent offenses, with a maximum five-year penalty.
Fourth-Degree
Fourth–degree child abuse is the lowest charge and is defined as:
- A person committing a reckless act or omission that causes physical harm to a child
- A person knowingly or intentionally performing an act that poses an unreasonable risk to a child, regardless of actual harm
A first-time conviction of fourth-degree child abuse is a misdemeanor with a maximum one-year jail sentence. Second and subsequent violations are a Class G felony.
Important Definitions in Michigan’s Child Abuse Laws
Michigan’s child abuse laws contain several terms with precise legal definitions. Knowing these terms is important for understanding the nature and degree of any charges you might face.
- Person refers to the child’s parents or guardians and any other adult who cares for the child or has custody or authority over them.
- Serious physical harm refers to injuries that seriously impair a child’s well-being, including skull fractures, dislocations, internal injuries, burns, and lacerations.
- Serious mental harm includes psychological harm that causes substantial disorders in a child’s mood or thoughts that impair judgment, behavior, or daily functioning.
- Cruel means inhumane and sadistic, or intending to torment.
- Omission is the willful abandonment of a child or failure to provide food, shelter, clothing, and other things necessary for a child’s welfare. This is also known as neglect.
Child abuse charges are very serious. Not only are there criminal penalties, but also often a collateral termination of parental rights proceeding. Experience is the key to the best defense.
Kirsch Daskas attorneys each have over thirty years of experience protecting innocence.
If you have any more questions about Michigan’s child abuse laws and applicable penalties, contact the criminal defense attorneys at Kirsch Daskas Law Group PLLC for a case consultation.
