There are very few criminal allegations that bring a larger stigma than a child abuse or abandonment case. Prosecution is sure to be very aggressive in situation such as this and will use every opportunity to make sure you are punished for the alleged crime.
Because of this, finding qualified criminal defense attorney needs to be one of the first steps you take in this difficult and stressful process.
Salt Lake City Child Abuse Attorney
With all that you have to lose, taking every precaution necessary is vital in making sure your rights and freedom are protected. Darren Levitt, of Levitt Legal, PLLC is an experienced and determined defense attorney who is focused on providing excellent client service while implementing his strong legal knowledge to produce an effective defense strategy.
Call (801) 455-1743 or send an online message to schedule a free and confidential consultation to discuss the specifics of your case today. Darren proudly serves those accuse of criminal acts in the Utah counties of Box Elder, Tooele, Salt Lake, Morgan, Cache, Summit, Davis, Utah, Weber and Wasatch.
Child Abuse / Child Abandonment under Utah Law
According to Utah Code §76-5-109, any person engaging in conduct that inflicts physical injury or serious physical injury upon a child or, having the care or custody of a child, causes or permits another to inflict physical injury upon a child is guilty of child abuse.
“Physical injury” means an injury to or condition of a child that impairs the physical condition of the child, including:
- A bruise or other contusion of the skin;
- A minor laceration of abrasion;
- Failure to thrive or visible malnutrition.
“Serious physical injury” means any physical injury or set of injuries that:
- Seriously impairs the child’s health;
- Involves physical torture;
- Causes serious emotional harm to the child; or
- Involves a substantial risk of death to the child.
This includes instances such as fractures, intracranial bleeding, any burn, an injury cause by a dangerous weapon, damage to internal organs and any conduct toward a child that results in severe emotional harms, severe developmental delay or intellectual disability, or sever impairment to the child’s ability to function.
Child abuse with physical injury is a felony of the second degree if done intentionally, a felony of the third degree if done recklessly and a class A Misdemeanor if done with criminal negligence.
Child abuse with physical injury is considered a class A misdemeanor if done intentionally, a class B misdemeanor if done recklessly and a class C misdemeanor if done with criminal negligence.
Child abandonment, on the other hand, means that a parent or legal guardian of a child under the age of 18:
- Intentionally ceases to maintain physical custody of a child;
- Intentionally fails to make reasonable arrangements for the safety, care, and physical custody of the child; and
- Intentionally fails to provide the child with food, shelter, or clothing;
- Manifests an intent to permanently not resume physical custody of the child;
Or, for a period of at least 30 days:
- (A) Intentionally fails to resume physical custody or the child; and
- (B) Fails to manifest a genuine intent to resume physical custody of the child.
As for the sentencing:
- First Degree Felony – 5 years to life in prison and / or fines up to $10,000
- Second Degree Felony – One to 15 years in prison and / or fines up to $10,000
- Third Degree Felony – Up to 5 years in prison and / or fines up to $5,000
- Class A Misdemeanor – Up to one year in jail and / or fines up to $2,500
- Class B Misdemeanor – Up to six months in jail and / or fines up to $1,000
- Class C Misdemeanor – Up to 90 days in jail and / or fines up to $750
Levitt Legal, PLLC || Salt Lake City Child Abuse Arrest Lawyer
If you or a loved one is dealing with a child abuse or child abandonment allegation in the greater Salt Lake City area, ensure that you are given every opportunity to defend your name by working with Levitt Legal, PLLC during the criminal process.
Darren is dedicated to protecting your rights throughout the entire process and will make certain do everything he can to get the charges reduced, or completely dismissed. Call (801) 455-1743 to set up a risk-free consultation with Darren Levitt today.