Description

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?

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:
5. The assault resulted in the death of the child.

Punishment

Causing Coma – 7years to Life
Causing Death – 25years to Life

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?No
Is this charge a strike?Yes
Is this charge a “serious felony”Yes
Is this charge a “violent felony”Yes
Do I have to register as a sex offender if convicted?No
Do I have to register as a drug offender if convicted?No
Do I lose my right to own or possess a firearm if convicted?Yes
Do I lose my right to vote if convicted?Yes
Am I eligible for a local sentence (PC § 1170(h)) if convicted?No
Am I eligible for PC § 1000 drug diversion if convicted?No
Am I eligible for Prop. 36 drug diversion if convicted?No
Am I required to give a DNA sample if convicted?Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?Yes
Is this charge considered a “aggravated felony” for immigration purposes?May
Is this charge considered a “controlled substance violation” for immigration purposes?No
Is this charge considered a “domestic violence” for immigration purposes?Yes
Is this charge considered a “firearm conviction” for immigration purposes?No