Your Phoenix Criminal Defense Attorney request your free consultation

Glendale Child Abuse Lawyer

Glendale Child Abuse LawyerAre you facing a child abuse charge in Glendale, AZ? Child abuse is a felony and may come with enhanced penalties. It is crucial to protect children from abuse and neglect. But sadly, many child abuse allegations are false or arise from misinterpretation. Do not allow child abuse allegations to rob you of your freedom, rights, and good name.

Orent Law Offices has represented clients facing child abuse allegations for over 33 years, including physical abuse, sexual abuse, and neglect charges. Contact our law firm today to schedule a free consultation with a Glendale child abuse lawyer ready to help you. 

How Orent Law Offices Can Help You if You’re Charged with Child Abuse in Glendale

If you are charged with child abuse, you face serious consequences well before you have the opportunity to defend yourself. Allegations of abuse can impact divorce and child custody proceedings, result in a protective order, and affect your job and living situation. You deserve an experienced Glendale criminal defense lawyer to help you fight back against unfair or false abuse allegations.

Orent Law Offices was founded by Craig Orent, a Certified Criminal Law Specialist. Only 750 out of 14,000 attorneys admitted to the State Bar of Arizona are Board Certified in a legal field. He has also earned recognition as a Top 100 Trial Lawyer thanks to his dedication to his clients.

Hire us, and you can count on our Glendale criminal defense attorneys to:

  • Provide legal advice and guidance based on three decades of experience
  • Investigate whether your constitutional rights were violated or you were the victim of police misconduct 
  • Work with specialists to dispute the validity of the prosecution’s evidence and witness testimony
  • Craft a multi-faceted legal defense based on exculpatory evidence, evidence suppression, and expert testimony
  • Seek a dismissal or reduction of the charges, if possible
  • Negotiate a plea bargain if it is in your best interest
  • Present a compelling defense to a jury to seek an acquittal or “not guilty” verdict
  • Argue on your behalf for minimum sentencing and alternative sentencing options if convicted 

If you are facing child abuse charges, you may feel overwhelmed. Orent Law Offices is here to help you. Contact our law office today for a free case review with a compassionate Glendale child abuse attorney who can help.

Overview of Child Abuse in Arizona

Arizona has several statutes related to child abuse. Arizona law treats sexual, emotional, and physical abuse of minors seriously. The law also requires certain people who have knowledge of child abuse to report the suspected abuse to the authorities.

Child abuse can encompass many forms of abuse, including intentional physical abuse, sexual abuse, and non-intentional conduct involving criminal negligence or recklessness.

ARS § 8-201 defines “abuse” as allowing or inflicting physical injury or significant emotional damage. Emotional damage is defined as damage that causes aggressive behavior, depression, withdrawal, or anxiety as diagnosed by a doctor. 

Child abuse cases can involve allegations of many types of abuse:

  • Physical abuse
  • Sexual abuse, exploitation, or molestation
  • Emotional abuse
  • Neglect
  • Abandonment

Many specific offenses can be considered child abuse in Arizona.

Child or Vulnerable Adult Abuse

Most cases of child abuse are charged under ARS § 13-3623. This child abuse statute makes it a felony to physically injure a child or allow them to be placed in a situation that endangers their well-being and health.

If abuse occurs under circumstances that are likely to cause serious injury or death, it may be charged as a:

  • Class 2 felony if the abuse was done knowingly or intentionally
  • Class 3 felony if the abuse was done recklessly
  • Class 4 felony if the abuse was done with criminal negligence 

If the abuse was not likely to cause serious injury or death, it is a lesser offense. It is a Class 4 felony when done knowingly or intentionally, a Class 5 felony through recklessness, and a Class 6 felony through criminal negligence.

Many types of actions can be charged as child abuse under this statute, including:

  • Bringing or allowing a child into an area where illegal drugs are manufactured
  • Causing serious emotional damage
  • Knowingly abandoning or neglecting a child
  • Inflicting physical injury on a child or allowing them to be injured by another
  • Sexual conduct with a child

Under ARS § 13-3623, two important factors determine the severity of the crime and the resulting penalty, including:

  • The defendant’s mental state, i.e. whether the abuse was caused by criminal negligence, recklessness, or intentional action
  • Whether the abuse and circumstances were likely to cause death or serious physical injury 

If you are charged with child abuse, you may face additional related charges. This can include charges related to sexual abuse or exploitation. Child abuse can also be classified as domestic violence or a Dangerous Crime Against Children (DCAC).

Child Sexual Abuse

Sex crimes against children are considered one of the most serious forms of child abuse. 

Common offenses related to child sexual abuse include:

  • Sexual abuse under ARS § 13-1404
  • Sexual conduct with a minor under ARS § 13-1405
  • Sexual assault under ARS § 13-1406
  • Child molestation under ARS § 13-1410
  • Commercial sexual exploitation of a minor under ARS § 13-3552
  • Sexual exploitation of a minor under ARS § 13-3553
  • Incest under ARS § 13-3608
  • Child sex trafficking under ARS § 13-3212 

Sexual abuse is any act that uses a child for sexual gratification or designed to stimulate a child sexually.

Domestic Violence and Child Abuse

Child abuse can be considered a domestic violence offense under Arizona law. 

Domestic violence is defined as a crime under ARS § 13-3601 when:

  • The victim is a child who lives or has lived in the same household as the defendant. The child must be related by blood to someone who lives or has lived in the home or a former spouse; or
  • The victim is related to the defendant or their spouse by court order or blood as a child, grandchild, stepchild, step-grandchild, brother, sister, or sibling in law. 

Several offenses can trigger a domestic violence charge in Glendale, AZ. This includes child abuse and sexual assault. Domestic violence is considered a dangerous crime in Arizona.

Domestic violence carries the same penalties as those for the underlying offense. However, domestic violence can come with additional penalties, including a longer jail or prison sentence, a mandatory domestic violence program, and the loss of your right to own or purchase a firearm.

What Are the Penalties for Child Abuse in Glendale, Arizona?

Child abuse carries harsh penalties. There are many circumstances that can enhance the penalties you face. When you are charged with child abuse of any type, including child neglect and abandonment, it’s crucial to consult with experienced Glendale child abuse lawyers as soon as possible.

. You may face the following penalties if convicted:

  • Class 2 felony: Four to ten years in prison
  • Class 3 felony: Two to seven years in prison
  • Class 4 felony: 1.5 to three years in prison
  • Class 5 felony: Eight months to two years in prison
  • Class 6 felony: Six months to 1.5 years in prison 

A first-time child abuse offense may be punishable with probation and up to 1 year in jail — unless you’re charged under the DCAC statute.

Child abuse involving a sexual offense can carry harsher penalties.

Additional Consequences of a Child Abuse Conviction

The stigma of a child abuse allegation can have lasting effects on your life. For example, law enforcement’s investigation into the abuse will cause you to appear on the Child Abuse Central Index (CACI). This index is used by adoption agencies, law enforcement, child care providers, prospective employers, and more.

If convicted, you may face child custody consequences. A restraining order may prevent you from seeing your own child and force you to leave your home. You may even be required to register as a sex offender if convicted of sexual child abuse. Each of these can affect your ability to find gainful employment, rent a home, and qualify for benefits for the rest of your life.

Enhanced Penalties for Dangerous Crimes Against Children

Certain forms of child abuse can be classified as Dangerous Crimes Against Children (DCAC). 

The following crimes may qualify as DCAC offenses if the victim is under 15:

  • Child abuse 
  • Aggravated assault 
  • Sexual assault
  • Sexual abuse
  • Child molestation
  • Sexual conduct with a minor
  • Sexual exploitation of a minor
  • Commercial sexual exploitation of a minor
  • Kidnapping
  • Involving or using a minor in a drug offense
  • Continuous sexual abuse of a minor 

Under ARS § 13-705, these offenses carry sentence enhancements.

For example, intentional or knowing child abuse is typically a Class 2 felony without the DCAC designation. Ordinarily, it is punishable by probation, with up to 1 year in jail or a prison sentence of 3 to 12.5 years. With the DCAC designation, it is punishable by 10 to 24 years in prison. The presumptive sentence is 17 years.

If you have a prior DCAC conviction, the presumptive sentence is increased to 28 years. With two prior DCAC convictions, the penalty is life in prison.

What Legal Defenses Are Available if I’m Charged with Child Abuse in Glendale, AZ?

There are many potential legal options in Glendale child abuse cases. 

Your Arizona child abuse attorney may recommend the following defense strategies:

  • False accusations. Sadly, it is common for custody disputes to involve fabricated allegations of child abuse to seek leverage or revenge in custody or divorce proceedings.
  • Injury was caused by circumstances other than abuse. An injury does not constitute child abuse if the child is injured through an accident or other circumstances that do not involve intentional harm, recklessness, or criminal negligence.
  • Right to discipline. Parents, guardians, and those entrusted with the care of a child have the right to use appropriate, reasonable physical discipline. This force may be used only to the extent appropriate and necessary for discipline. Spanking a child with an open hand can qualify as appropriate. Slapping a child, hitting them with closed firsts, or using an object that causes injury beyond mild bruising will be considered abuse. 

At Orent Law Offices, we will begin by carefully investigating your case for violations of your constitutional rights or police misconduct. We will not allow illegally obtained evidence to be used against you.

We will also work with expert witnesses to establish whether the accuser’s allegations are accurate or if there is an alternative explanation. Accidental injuries may be misconstrued. 

Contact Orent Law Offices today to begin building the legal defense you need against the charges you face.

Schedule a Free Case Evaluation with a Glendale Child Abuse Lawyer

Child abuse is a serious felony charge in Glendale, Arizona. Do not delay in seeking experienced legal representation to help you fight for your good name, freedom, and rights. Orent Law Offices is here to help you build the strong defense you need.

Contact our law office today for a free consultation with a Glendale child abuse lawyer ready to fight for you.

 

Call Now Button