Child neglect and child abuse are serious charges. However, they are not the same offense. The difference between child neglect and child abuse in Colorado can be seen by reviewing the elements of each. The results for those charged with either are typically bleak if they are without a robust criminal defense.
Have you been charged with either child neglect or child abuse in Colorado? If so, the time is now to get to work on your criminal defense. Contact the Law Office of Kevin Cahill today at 720-445-9887 and learn how attorney Kevin Cahill can help.
Child Abuse in Colorado
Child abuse in Colorado refers to abusive or threats of abusive actions toward children under the age of 16. It is a sort of catch-all term that encompasses numerous types of circumstances that cause physical and emotional harm to children.
The explosive nature of child abuse charges makes it crucial for defendants to hire an attorney as soon as possible. Defendants need their attorneys working on their defense from the beginning for optimal effectiveness. Since each type of child abuse allegation involves different circumstances, thorough investigations of each situation are warranted.
Emotional Abuse
Emotional abuse refers to abusive actions of an emotional and non-physical nature, such as:
- Threats of violence
- Bullying
- Shaming on various levels
- Extreme criticism
- Repeated humiliation.
These types of behavior often manifest in screaming, yelling, and criticizing. In many cases, it happens in front of others, which leads to further harm. Although no physical marks are left behind after emotional abuse, there are warning signs, such as:
- Extreme changes to the child’s personality
- Unexplained aggressiveness
- Unexplained shyness
- Newly developed anxiety or depression
- Speech problems
- Cessation or reduction of verbal communication
- Poor hygiene
- Overly complying with adult instructions
- Fear.
These signs are important red flags of emotional abuse. However, many innocent defendants are swept up in the fervor to prosecute child abusers. A robust defense is the answer when this occurs.
Physical Abuse
Physical abuse occurs when someone makes contact with a child and causes them pain or injury. Various types of contact can cause a child harm, including:
- Punching and kicking
- Slapping
- Pushing and shoving
- Tripping
- Striking them with an object.
In many cases, physical signs manifest but are not always seen; sometimes, no marks are left behind or they disappear before new ones are made. There are, however, other signs that mimic the signs of emotional abuse detailed above.
Sexual Abuse
The law classifies various actions as sexually abusive against children in Colorado, including:
- Any type of nonconsensual sexual touching or contact, including kissing
- Making a child view sexual material
- Forcing a child to engage in a sexual act
- Prostitution of a child.
Child pornography is also considered child abuse. However, the age limit in this situation is raised from 16 to 18.
Attorney Kevin Cahill is always ready and able to mount a formidable defense against the charges you are facing.
Child Neglect in Colorado
There is a difference between child neglect and child abuse in Colorado. In child neglect cases, a caregiver — who may be a parent, legal guardian, or other legally recognized caregiver — fails to provide for a child’s fundamental needs, resulting in harm.
Physical
Physical neglect boils down to the failure to provide for a child’s basic physical needs, such as:
- Neglecting a child’s physical safety
- Failing to provide healthy food and beverages
- Inadequate hygiene care
- Failure to provide adequate, clean clothing
- Exposing a child to dangerous people and environments.
A charge of physical neglect is serious because it can lead to a parent’s losing their child. It can also result in liability for civil damages.
Emotional
Parents, guardians, and caregivers must provide for more than a child’s physical needs. They must also give their children emotional support and care. A charge of emotional neglect can arise out of situations involving:
- Failure to provide emotional support, attention, and affection
- Exposing a child to danger or violence
- Permitting or requiring engagement in illegal activities
- Isolating a child.
Emotionally neglected children manifest many of the same red flags as children who are emotionally abused. These signs should be investigated. However, care must be taken to avoid assuming a crime has occurred simply because a child exhibits troubling emotional signs.
Educational
Educational care means taking the necessary steps to ensure a child receives mandated education. If a parent allows a child to skip school, they can be charged with neglect. They can also be charged with neglect if they prevent their child from engaging in a meaningful and legal education.
Medical
Medical neglect refers to the failure of a parent or caregiver to provide the proper medical treatment and care for their child. It typically involves one or more of the following:
- Failure to seek medical care for a condition or injury
- Failure to seek preventive medical care
- Failure to follow doctor’s orders for a child.
In some cases, religious and cultural reasons may be enough to fully defend a person from charges of medical neglect.
Consequences of Child Abuse and Child Neglect Charges
Convictions of child abuse and child neglect can lead to:
- Time behind bars
- Fines and court costs
- Loss of gun rights
- Loss of the right to vote
- Loss of the right to hold public office.
No matter what the circumstances of a charge, an effective defense can make a material difference in the resolution of the case. Emotions run high in child neglect and abuse cases. Defendants need a cool, collected defense attorney who knows how to protect their clients from overzealousness and misunderstandings.
Get the Defense You Need and Deserve
Child abuse and child neglect charges come with significant repercussions upon a conviction. If you are facing child abuse or child neglect allegations, a strong defense can make a big difference in the outcome.
Attorney Kevin Cahill has fought to protect numerous individuals charged with child abuse or neglect and is ready to fight for you. Call 720-445-9887 for a consultation with one of Colorado’s top criminal defense lawyers.