Child Abuse

The state child abuse laws here are some of the toughest in the country. These cases create a lot of emotions, and often it becomes extremely tough for a defendant to receive fair treatment in the judicial system. It is imperative to retain an experienced and confident attorney to help you or a loved one through the legal process. Without effective representation even defendants with no prior criminal record could find themselves serving significant jail sentences. Our criminal lawyers are available 24 hours a day to discuss your case. Upon being hired we will begin speaking with police detectives and the state’s attorney to ensure that your right to a fair trial is not violated. If you are under investigation for child abuse, or have been charged with a crime involving a minor contact The Herbst Firm immediately.

There are two degrees of child abuse under state law, and both are felonies. First degree abuse occurs when a parent or other adult with permanent or temporary care or custody of a child causes abuse that results in death or serious injury. Serious has a very specific definition under the law, and the state must prove this element beyond a reasonable doubt. The state can do this by introducing evidence of brain injury, bleeding within the skull, or starvation. The state may also prove serious injury using evidence that proves the defendant’s conduct created a substantial risk of death or if the conduct caused disfigurement, the loss of function of a bodily organ, or the impairment of a bodily organ. First degree child abuse may result in the defendant being held without bail or being released on strict terms such as home detention. It also carries a maximum penalty of up to 25 years in prison. If the violation causes death to a child 13 or older the maximum penalty becomes 40 years, and if death of a child under 13 occurs the maximum penalty becomes life in prison. In cases like this there would also likely be a host of other charges included manslaughter or even murder. There have been numerous first degree abuse cases where the evidence used to charge the defendant was insufficient or flawed, but due to the severity of the injury, and the emotional nature of the crime charges were filed. A skilled criminal lawyer will be able to thoroughly examine and challenge the state’s case, and could be the only thing standing between the defendant and jail time.

Second degree child abuse is by no means a minor crime in Maryland, but rather is a serious felony with a maximum jail sentence of 15 years. Any household member may be charged with second degree abuse as opposed to just persons responsible for the child’s care. This crime requires that the state prove a minor sustained a physical injury as a result of cruel or inhumane treatment, or a single malicious act. If the state cannot prove a serious physical injury, they may still be able to secure a guilty verdict with evidence of past conduct, which indicated the minor’s health or welfare was harmed or threatened. This is a rather general description and may include a variety of conduct. It is often the discretion of the police officer that responds to the scene, or the child protective services officer whether charges will be filed, and both typically err on the side of filing. Do not gamble with a felony conviction and a lengthy jail sentence. Call to set up a meeting at our main office in Baltimore, or wherever you reside in the state, and let us fight to regain your reputation and preserve your freedom. Benjamin has extensive experience and success taking on the government in child abuse cases, and has prevailed in jury trials against felony child abuse allegations. Contact a Maryland child abuse lawyer today to learn what defenses may be available in your case.

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