A felony Child Abuse charge is triggered when there is traumatic injury to the child. Child Abuse is the exception to other criminal charges in that prior offenses, even if they did not result in conviction, can be admitted in a criminal action. The definition of Child Abuse is to produce great bodily harm to a child resulting in becoming comatose, suffering paralysis or death. Examples of felony Child Abuse are shaking a child causing a brain injury or burning a child causing permanent disfigurement or pushing a child down stairs causing paralysis.
What does the prosecutor have to prove?
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:
5. The assault resulted in the death of the child.
Causing Coma – 7years to Life
Causing Death – 25years to Life