Jump to Navigation
Contact Us

Pearson & Paris, P.C.
390 Union Boulevard.,Suite 250
Lakewood, CO 80228

Phone: 303-872-4719
Toll Free: 888-725-2609
Fax: 303-996-8611
Lakewood Law Office Map

Child Abuse

Questions? Contact our firm for an Initial Phone Consultation at reduced rates Pearson & Paris, P.C.

Expert Attorneys in Arvada, Jefferson County, or Colorado, Ready to Represent You

If you have been accused of child abuse, you have the right to fight the charges. An experienced attorney can help. At Pearson & Paris, P.C., we have more than 50 years of combined legal experience that we will use in your defense. Perhaps more importantly, our top criminal defense attorney is a former senior prosecutor who knows how district attorneys handle these cases. That knowledge allows us to create effective strategies ranging from negotiation to courtroom battles.

Call us at 303-872-4719 in the greater Denver area or toll free at 888-725-2609 across Colorado for an initial consultation at reduced rates.

Whether in the Denver area, or anywhere in Colorado, child abuse is committed where a person causes an injury to the child's life or health , or permits a child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health, or engages in a continuous pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in the death of a child or serious bodily injury to a child.

When a person acts knowingly or recklessly and the child abuse results in death to the child, it is a class 2 felony. When a person acts with criminal negligence and the child abuse results in death to the child, it is a class 3 felony. When a person acts knowingly or recklessly, and the child abuse results in serious bodily injury to the child, it is a class 3 felony. When a person acts with criminal negligence, and the child abuse results in serious bodily injury to the child, it is a class 4 felony. When a person acts knowingly or recklessly, and the child abuse results in bodily injury to the child, it is a class 1 misdemeanor. Where no injury or death results, child abuse may be charged as a class 2 or class 3 misdemeanor.

Possible Consequences for Child Abuse

Where a person is convicted of class 2 felony child abuse, the offense is punishable by a prison sentence of eight (8) years up to twenty-four (24) years, with a possible sentence of up to forty-eight (48) years in the case of exceptional circumstances. The statute provides that the court must impose a prison sentence for a term of at least sixteen (16) years but not more than forty-eight (48) years.

Where a person is convicted of class 3 felony child abuse, he may be sentenced to: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of four (4) to twelve (12) years, but as much as twenty-four (24) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.

Where a person is convicted of class 4 felony child abuse, he may be sentenced to: (1) probation, with a possible jail sentence as a condition of probation of up to ninety (90) days, or up to a two (2) year work release sentence as a condition of probation, or (2) a sentence to the department of corrections of two (2) to six (6) years, but as much as twelve (12) years if the court finds the presence of exceptional circumstances, with a mandatory parole period of five years.

A child for purposes of the child abuse statute is any person less than sixteen (16) years of age.

Possible Defenses for Child Abuse

In the case of child abuse, where no injury results, the prosecution often times bases its charging decision on speculative facts and outcomes. The operative phrase in the statute is defining child abuse is whether the child was "unreasonably" placed in a situation that poses a threat of injury or health. These cases should be defended aggressively, since many activities that children engage in pose a threat of injury to life or health, from playing at the playground, to crossing a street, to riding in a car.

For example, a parent may leave his child unattended in a motor vehicle while the parent makes a quick visit to a store. This conduct may give rise to child abuse where the child is clearly and unreasonably placed in a position of danger. Often times, however, the police and prosecutor will quickly rely on stereotypes that this conduct is child abuse, even though they cannot specifically point to any one act of placing the child in a situation that poses a threat of injury to life or health.

We see child abuse also charged where a child is present during a domestic violence argument, on the theory that it is not good for the child to see his or her parents fight. Again, the police and prosecutor will quickly rely on stereotypes that this conduct is child abuse, even though they cannot specifically point to any one act of placing the child in a situation that poses a threat of injury to life or health.

The remaining defenses that may be applied in a child abuse case apply with equal force to those that may apply in any other criminal case. This includes an analysis of any violation of constitutional rights, such as the right to remain silent, the right to counsel, the right to have any searches and seizures bases on probable cause, a proper warrant, and the right to due process in the proper preservation of evidence that may be used against you. There are many other defenses that are available that rely on scrutinizing and exposing weaknesses in the prosecutor's case, such as: biased or incompetent witnesses, flawed crime scene investigation, flawed administration and procedures in collecting breath, blood, or urine for forensic testing, incompetent computer evidence, flawed photo line-ups, and inaccurate crime scene / accident reconstructions.

It is important that you hire a skilled and experienced child abuse lawyer to defend you in a child abuse case in Arvada, Jefferson County, or across Colorado.

Call us at 303-872-4719 in the greater Denver area or toll free across Colorado at 888-725-2609 for an initial consultation at reduced rates.