Child Abuse

Child Abuse Charges

Child Abuse in Arizona is treated as a very serious offense.  How seriously depends on the circumstances in which the abuse is alleged to have taken place, and the mental state of the defendant.

Child Abuse Charges Classified

Circumstances Likely to Produce Death or Serious Physical Injury

Pursuant to Arizona Revised Statutes § 13-3623(A), Child Abuse is: if under circumstances likely to produce death or serious physical injury, any person who causes a child, or having the care or custody of a child causes or permits the person or health of the child to be injured or who causes them to be placed in a situation where their person or health is endangered is guilty of Child Abuse.

Consequences of Child Abuse Conviction: Circumstances Likely to Produce Death or Serious Physical Injury

If this was done intentionally or knowingly, then Child Abuse is classified as a Class 2 Felony.  If convicted of a Class 2 Felony you face 3-12.5 years in prison, up to 7 years of probation, and up to $150,000 in fines (not inclusive of surcharges).  If the victim is under the age of 15 then the offense could be classified as a Dangerous Crime Against Children.  If you have prior felony convictions on your record you could face increased and mandatory prison time.

If this was done recklessly, then Child Abuse is classified as a Class 3 Felony.  If convicted of a Class 3 Felony you face 2-8.75 years in prison, and up to 5 years of probation, along with a maximum fine of $150,000 plus surcharges.  Prior felony convictions on your record may make you ineligible for probation and required to have increased prison time.

If done with criminal negligence, then Child Abuse is classified as a Class 4 Felony.  If convicted of a Class 4 Felony you face 1-3.75 years in prison, up to 4 years of probation, and a maximum fine of $150,000 plus surcharges.  Prior felony convictions can increase your prison range and make you ineligible for probation.

Circumstances Other Than Those Likely to Produce Death or Serious Physical Injury

Pursuant to Arizona Revised Statutes § 13-3623(B), Child Abuse is: if under circumstances other than those likely to produce death or serious physical injury, any person who causes a child, or having the care or custody of a child causes or permits the person or health of the child to be injured or who causes them to be placed in a situation where their person or health is endangered is guilty of Child Abuse.

Consequences of Child Abuse Conviction: Circumstances Other Than Those Likely to Produce Death or Serious Physical Injury

If done intentionally or knowingly, then this is a Class 4 felony.  If convicted of a Class 4 Felony you face 1-3.75 years in prison, up to 4 years of probation, and a maximum fine of $150,000 plus surcharges.  Prior felony convictions can increase your prison range and make you ineligible for probation.

If done recklessly, then this is a Class 5 Felony.  If convicted of a Class 5 Felony you face 6 months – 2.5 years in prison, up to 3 years of probation, and a maximum fine of $150,000 plus surcharges.  Having prior felony convictions on your record can increase the prison range and make you probation ineligible.

If done with criminal negligence, then this is a Class 6 Felony.  If convicted of a Class 6 Felony, you face 4 months – 2 years in prison.  You can be placed on probation for up to 3 years and face a maximum fine of $150,000 plus surcharges.  Prior felony convictions can make you ineligible for probation and can lead to higher mandatory prison terms.

Child Abuse Conviction – Other Consequences

Along with the hefty sentencing ranges, a conviction for Child Abuse can lead to the involvement of the Department of Child Safety with your children, a permanent felony on your record that does not go away, and difficulty obtaining work, licensing, and loans.

Contact our Phoenix Child Abuse Defense Attorneys Today

If you are facing charges of Child Abuse you should not face them alone.  An experienced, aggressive, and effective attorney can make all the difference in the world and protect your rights, good name, and freedom.  Call the AZ Defenders today at 480-456-6400 or contact us online for a free consultation to see how we may best defend your case.

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