A specific section of the California Penal Code deals with Child Abuse which results in traumatic injury to a child. Traumatic condition means a wound or other bodily injury caused by physical force, whether minor serious. Sentencing may consider prior acts of child abuse. Examples of traumatic Child Abuse includes shaking a baby causing brain trauma or forcefully grabbing a child pulling their arm from the socket.
What does the prosecutor have to prove?
Felony Coma: 1. Defendant had the care or custody of a child under eight years of age.
2. Defendant committed an assault upon the child.
3. The assault was committed by means of force that to a reasonable person would likely produce great bodily injury.
4. The assault resulted in the child becoming comatose due to brain injury or suffering paralysis of a permanent nature.
Felony Death: The assault resulted in the death of the child.
Causing Coma – 7years to Life
Causing Death – 25years to Life