In Arizona, child or vulnerable adult abuse allegations are serious and can negatively affect your life. Just being charged with child abuse can cause negative impacts even if you are not convicted of the offense. Child abuse accusations can cause you to lose your custody and visitation rights with your child and expose you to criminal penalties.
At Colburn Hintze Maletta, our experienced criminal defense attorneys understand how serious child abuse charges are. We are prepared to aggressively defend you against the allegations against you to secure the most favorable outcome possible.
What is Child Abuse or Vulnerable Adult Abuse in Arizona?
Arizona’s child abuse and vulnerable adult abuse law is found at ARS 13-3623. Under this law, you can be charged with child abuse or vulnerable adult abuse for engaging in several types of conduct involving a child or vulnerable adult.
A vulnerable adult includes any person who is an adult who is unable to protect himself or herself because of physical or mental impairment. You can also be charged with child abuse or vulnerable adult abuse if you cause injuries to the victim under circumstances that are likely to result in serious injuries or death.
You can also be charged with this crime if you allow a child or vulnerable adult in your care to suffer harm to his or her health or to be placed in danger of suffering serious injuries.
Some examples of the types of actions that could be considered to constitute abuse under this statute include the following:
- Abandonment or neglect of a child or vulnerable adult
- Causing injuries or allowing a child or vulnerable adult to be injured
- Sexual exploitation or conduct with a vulnerable adult or child
- Having children or vulnerable adults in an area where drugs are manufactured
- Unlawfully confining a child or vulnerable adult
- Placing a child or vulnerable adult in a situation that endangers their health
- Emotional abuse of a child or vulnerable adult
- Failing to provide adequate nutrition or water to a child or vulnerable adult
Child or vulnerable adult abuse can be broken down into two main categories
Category One Child Abuse or Vulnerable Adult Abuse
Category one child abuse or vulnerable adult abuse offenses fall into this classification when you abuse a vulnerable adult or child in your care or custody or allow abuse to occur under circumstances likely to produce death or serious physical injury You can also be charged if you cause a vulnerable adult or child to be placed in a dangerous situation in which their health or life is endangered.
Three levels of felony offenses can be charged for category one child or vulnerable adult abuse as follows:
- Class 2 felony – Intentional or knowing abuse
- Class 2 felony dangerous crime against children – Victim younger than 15
- Class 3 felony – Abuse caused by recklessness
- Class 4 felony – Abuse caused by criminal negligence
Category Two Child Abuse or Vulnerable Adult Abuse
Child or vulnerable adult abuse may fall into category two when the situation was unlikely to cause serious bodily injuries or death, however, the child or vulnerable adult still suffered or could have suffered harm.
Offenses in this category include the following levels:
- Intentional or knowing abuse – Class 4 felony
- Reckless abuse – Class 5 felony
- Criminally negligent abuse – Class 6 felony
First published at https://ift.tt/J5rOGts7n
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