Under MCL 750.136b(3), a person is guilty of second-degree child abuse “if any of the following apply:
- The person’s omission causes serious physical harm or serious mental harm to a child[2] or if the person’s reckless act causes serious physical harm or serious mental harm to a child.[3]
- The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.[4]
- The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.[5]”
Second-degree child abuse is classified as a crime of general intent. Unlike first-degree child abuse, the prosecution only needs to demonstrate that the accused intended to commit an act, rather than showing intent to cause the specific injury that resulted in serious physical or mental harm to the child. If the prosecution fails to prove that any of the relevant incidents occurred, then a charge of second-degree child abuse would not be appropriate.
Penalties for 2nd Degree Child Abuse Charges
Second degree child abuse is a felony punishable by a maximum imprisonment of 10 years for a first offense. If it is a second or subsequent crime, or the offender has a previous criminal history, it is punishable by a maximum term of imprisonment of 20 years.
Defense Strategies
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. However, where it is proven that the punishment was unreasonably severe or cruel, the parent would have no defense.
Other defense strategies an attorney may consider for your child abuse case include:
-
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.
-
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
With an impressive 29-year career, Lisa stands for legal excellence and unwavering client dedication. Call us today to speak to Lisa or any of our qualified attorneys. You can reach us by dialing 248-792-3060 or reach out through our website.
