In Texas, most assault charges involving bodily injury are classified as Class A misdemeanors. However, when the alleged victim is a child, an elderly adult, or a disabled individual, these cases can quickly escalate to felony charges. The law’s emphasis on protecting vulnerable groups often leads to aggressive prosecution and severe potential penalties, even in situations where the harm may have been unintentional or minor.
Even when the allegations of injury to these protected groups stem from misunderstandings, accidents, or circumstances that lack clear evidence of criminal intent, the potential consequences can still include imprisonment. If you are facing such charges, it’s crucial to act quickly and secure legal representation that understands the complexities of these cases.
A skilled defense lawyer experienced in injury to a child, disabled, or elderly charges can help you navigate the nuances of the law, making sure that your side of the story is heard and your rights are protected. At M|C Criminal Law, we’re here to provide you with the strong defense you need in the face of these serious allegations. Contact us today to explain the situation.
Under the Texas Penal Code, Section 22.04, injury to a child, elderly individual, or disabled individual is a criminal offense involving harm caused to individuals who are particularly vulnerable due to their age or physical or mental condition. This law broadly covers acts of intentional, knowing, reckless, or criminally negligent harm to a child aged 14 or younger, an elderly individual aged 65 or older, or a disabled person.
This statute is designed to protect these groups from everything from physical injuries to neglect to exploitation. By criminalizing actions that lead to harm, the law reflects Texas’s strong stance on safeguarding the welfare of its most vulnerable citizens. However, the statute’s broad scope means that innocent actions or misunderstandings can sometimes result in accusations.
If you are facing such charges, a robust legal defense is essential and it begins with exploring all the elements of the crime.
For the prosecution to get a conviction, they must prove that the accused intentionally, knowingly, recklessly, or with criminal negligence caused:
Texas law also recognizes that an injury to a child, disabled, or elderly individual charge can arise not only from direct actions but also through acts of omission. This means that failing to act when you have a legal duty to care for or protect the individual can constitute a criminal offense. Examples include failing to provide necessary medical care, food, or supervision when responsible for the individual’s welfare.
However, the prosecution must establish a clear connection between the accused’s actions or inactions and the harm caused to the victim to get a conviction. Challenging any of these elements is critical for mounting a strong legal defense.
The severity of penalties for an injury to a child, elderly individual, or disabled individual depends on the nature of the injury, the mental state of the accused, and whether there was a legal duty of care. A person may be convicted of a:
Additionally, for injury to elderly charges, the offense level is determined not only by the type of harm and mental state but also by whether the accused was a professional caregiver. In Texas, caregivers are held to higher standards and, as a result, may face increased scrutiny and harsher penalties.
Facing charges for injury to a child, disabled, or elderly individual can be one of the most challenging experiences of your life. Texas takes these accusations seriously, and the consequences of a conviction can impact your future, reputation, and freedom. That’s why it’s crucial to have a skilled and knowledgeable legal team on your side.
At M|C Criminal Law, we have a team of experienced assault lawyers who understand the complexities of these cases and the high stakes involved. With a background that includes working for the Prosecutor’s Office, we bring a unique perspective to your defense, utilizing our insight into the prosecution’s strategies to build a robust case in your favor.
Whether you’re facing allegations stemming from a misunderstanding, an accident, or false claims, we are committed to protecting your rights and ensuring you have the strongest defense possible. We know how to navigate the Texas legal system, and we’ll work tirelessly to challenge the evidence, uncover weaknesses in the prosecution’s case, and pursue the best outcome for you.
Don’t face these charges alone. Contact M|C Criminal Law today to schedule a consultation and take the first step toward protecting your future.
