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Child Abuse Causing Injury Attorney Near Me in Denver | Child Abuse Conviction Turns into a Murder Charge 21 Years Later

Posted by Terry O'Malley | Apr 13, 2018 | 0 Comments

Harming a child or allowing them to be in a harmful situation is charged as Child Abuse in Denver, Brighton, and Golden. A mother and father were charged and convicted of Child Abuse 21 years ago for the severe physical injuries their 15-month-old son sustained. The two were sentenced to 12 years in prison and their son was adopted out to another couple. He lived with severe disabilities, needing round the clock care and just recently passed away. An autopsy listed his cause of death as a result of the injuries he sustained as a baby.  Because of this finding, the parents were rearrested and this time charged with Murder? At face value it may seem like double jeopardy. Weren't they already arrested, tried, and sentenced for abusing their son? Yes, but this is a new crime related to same event. They were previously punished for the abuse he sustained. Now, they are being accused and tried for his death as First Degree Murder because he was not yet 12 and the parents were in a position of trust.

Adams County Child Abuse Lawyer: Definition of Child Abuse Causing Injury in Jefferson County

The Adams and Jefferson County, Colorado law definition of Child Abuse – C.R.S. 18-6-401 – is:

“A person commits child abuse if such person causes an injury to a 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 continued 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.”

While the case above was a pretty straightforward case of abuse, often we see cases where parents are charged with Child Abuse for ridiculous things where the children didn't sustain ANY injuries.

Sentence for Child Abuse in Douglas and Arapahoe County

Child Abuse is charged as a misdemeanor or felony in Douglas and Arapahoe County, depending on the intent and injuries sustained. Because the baby sustained serious bodily injury 21 years ago, that type of Child Abuse would be charged as a class 3 felony extraordinary risk crime, punishable by 4 to 16 years in the Colorado Department of Corrections.

Get Help Now

If you or a loved one has been charged with Child Abuse, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O'Malley Law Office at 303-830-0880 to schedule your free consultation. Together, we can protect your future.Request a Free Consultation

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Terry O'Malley

Get Help Now! Request a Free Consultation Meet Criminal Defense Attorney Terry O'Malley If you have been charged with a crime, you are probably dealing with strong emotions about your upcoming court appearance. You are struggling with knowing how to choose a trustworthy lawyer to represent you...

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Get Help Now

If you or a loved one is facing criminal charges in the Denver area, be smart, exercise your right to remain silent, and contact the best criminal defense lawyers at O’Malley and Sawyer, LLC at 303-830-0880. Together, we can protect your future. Request a Free Consultation

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