Call Van Severen Law Office at (414) 270-0202 to discuss physical abuse of a child defense
Van Severen Law Office defends physical abuse of a child cases. An individual facing physical abuse of a child charges has a lot to lose. Certain intentional child abuse cases can be charged as a Class C felony. Generally, child abuse cases are divided into intentional conduct, recklessly causing the harm, or failing to act to prevent bodily harm. It’s important that your physical abuse of a child defense attorney recognize the differences. Our criminal defense lawyers have worked on child abuse cases and can help with yours.
What is intentional child abuse?
Section 948.03(2) of the Wisconsin Statutes deals with intentional child abuse. It says:
(a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.
(b) Whoever intentionally causes bodily harm to a child is guilty of a Class H felony.
(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high
probability of great bodily harm is guilty of a Class F. Felony.
“Intentionally” requires that the defendant had the mental purpose to cause great bodily harm to the victim, or was aware that his conduct was practically certain to cause that result.
“Bodily harm” means physical pain, injury, illness or impairment of physical condition.
“Great bodily harm” means injury which creates a substantial risk of death, or which causes serious permanent disfigurement, or which causes a permanent or protracted loss or impairment of the function of any bodily member or organ or other serious bodily injury.
What is reckless child abuse?
Section 948.03(3) of the Wisconsin Statutes deals with reckless child abuse. It advises that:
(a) Whoever recklessly causes great bodily harm to a child is guilty of a Class E felony.
(b) Whoever recklessly causes bodily harm to a child is guilty of a Class I felony.
(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class H felony.
“Recklessly” requires that the defendant’s conduct created a situation with unreasonable risk of harm to the child, and demonstrated a conscious disregard for the safety of the child. It’s important that your Physical Abuse of a Child defense attorney understand the definitions involved in the case.
What about child abuse based upon a failure to act?
Finally, failing to act to prevent bodily harm provides the third way physical abuse of a child can be proven. Section 948.03(4) says:
(a) A person responsible for the child’s welfare is guilty of a Class F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.
(b) A person responsible for the child’s welfare is guilty of a Class H felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.
For a discussion of penalties for felonies, see this blog post.
How can we win my child abuse case?
Children often have credibility issues. Sometimes they’re lying. Other times they might not remember exactly what happened. Our defense lawyers have worked on other cases where the child intentionally lied to put a step-parent in jail. Thorough investigation usually weeds out these issues and allows us to prepare a solid defense to your case. In other cases, law enforcement may have acted improperly. No matter the issue, we will dig it out and prepare your defense.
Not all criminal defense firms provide physical abuse of a child defense. Van Severen Law Office does. We focus on providing our clients the best criminal defense in Wisconsin. Our client testimonials discuss the positive results that we’ve achieved for clients facing charges just like yours.
Van Severen Law Office provides physical abuse of a child defense
We are experienced Milwaukee criminal defense lawyers capable of providing aggressive and experienced physical abuse of a child defense. If you’re facing child abuse charges, call our criminal law firm at (414) 270-0202 for a free consultation. At that consultation we can discuss the serious charges being lodged against you and being preparing your defense.
