A first-degree child abuse charge is the most serious level of offense. A defendant can be charged with first-degree child abuse if they intentionally or knowingly cause physical injury or mental suffering to a minor. This charge typically arises when a child sustains serious injuries that can only be attributed to intentional or knowing actions by the defendant.
Under MCL 750.136b(2), a person is guilty of first-degree child abuse if “the person knowingly or intentionally causes serious physical harm or serious mental harm to a child.”
First-degree child abuse falls under specific intent crimes, meaning the prosecution must demonstrate that the defendant intended to cause the severe injury. It is not sufficient for the defendant to have merely intended to commit an act; they must have specifically intended to inflict that particular injury on the child to be found guilty of first-degree child abuse.
Penalties for 1st Degree Child Abuse Charges
First-degree child abuse is a felony that carries severe penalties, including the possibility of life imprisonment or a significant prison sentence. A person convicted of first-degree child abuse may also face termination of their parental rights, which ends the legal parent-child relationship.
The best way to avoid a conviction for first-degree child abuse is to demonstrate that you did not intend to inflict that specific injury on the child and that the prosecution cannot prove otherwise. However, even if you are not convicted of this offense, you could still be charged with a lesser degree of child abuse.
Defense Strategies
Defense strategies an attorney may consider for your child abuse case:
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False Allegation– False allegations of child abuse can occur, particularly in dysfunctional homes. For example, during divorce or separation, one party may falsely accuse the other to influence custody decisions or retaliate against an ex-spouse. If your allegations stem from such circumstances, your lawyer can pursue this as a defense strategy.
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Injury Did Not Result from Child Abuse– Some reports of child abuse are based solely on visible evidence of physical harm. While certain injuries may appear characteristic of abuse, they might have resulted from other causes. If you believe the injuries in question arose from a different source, your attorney can help you gather evidence to support your claim of innocence.
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Not the Offender– In some cases, a child may have been abused, but the accused is wrongfully identified. In these situations, your defense team can present evidence to demonstrate that, although the abuse occurred, you are not the perpetrator.
Contact Kirsch Daskas Law Group
The lawyers of Kirsch Daskas Law Group specialize in cases involving children. We diligently defend all kinds of child abuse cases. We can confidently defend your rights and help your situation. Contact us today 248-792-3060.
