A person can be charged with third-degree child abuse if they intentionally or knowingly cause physical injury to a minor. Additionally, they may be guilty of third-degree child abuse if their intentional or knowing actions create an unreasonable risk of injury or harm to a minor, resulting in serious physical harm to the child.
Under MCL 750.136b(5), a person is guilty of third-degree child abuse “if any of the following apply:
(a) The person knowingly or intentionally causes physical harm to a child.
(b) The person knowingly or intentionally commits an act that under the circumstances poses an unreasonable risk of harm or injury to a child, and the act results in physical harm to a child.[6]”
Penalties for 3rd Degree Child Abuse Charges
Third-degree child abuse is a felony that carries a maximum imprisonment term of two years. This offense is typically considered less serious than first-degree child abuse. If an individual is charged with first-degree child abuse but the prosecution cannot present a strong case, they may be convicted of third-degree child abuse instead. The key difference between the two degrees is the severity of the physical injury inflicted on the child.
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.
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
We are not afraid to take on prosecutors. We know that a relentless, effective, and well-thought-out defense strategy will be critical to the success of a case. Contact us on 248-792-3060, we are also reachable through our website.
