A person can be charged with fourth-degree child abuse if their recklessness or failure to act leads to physical injury to a minor. Additionally, they may be found guilty of fourth-degree child abuse if they intentionally or knowingly engage in behavior that poses an unreasonable risk of injury or harm to a minor, even if their actions do not result in physical harm.
Under MCL 750.136b(7), a person is guilty of fourth-degree child abuse “if any of the following apply:
(a) The person’s omission or reckless act causes physical harm to a child.[7]
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, regardless of whether physical harm results.[8]”
Fourth-degree child abuse is a general-intent crime.
Penalties for 4th Degree Child Abuse Charges
Fourth-degree child abuse is the least severe child abuse charge, a conviction can still lead to jail time. According to MCL 750.136b(7), a first-time offender convicted of fourth-degree child abuse faces a misdemeanor charge punishable by less than one year in jail. For a second or subsequent conviction, the misdemeanor can result in a maximum prison sentence of two years.
Defense Strategies for Child Abuse Charges
Where a parent acts in good faith and disciplines their child because they believe it is to the child’s benefit, it can serve as a defense.
Other defense strategies an attorney may consider for your child abuse case include:
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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.
Contact Kirsch Daskas Law Group
Our legal team at Kirsch Daskas Law group is ready to assist you and fight for the best outcome in your case. We are available on 248-792-3060 or through our website.
