Criminal Defense When Injury to a Child Results in Death

 Posted on August 27, 2024 in Assault

Recently, the Texas parents of a 12-year-old child were charged with an offense that falls under the Texas crime of assault but is phrased as injury to a child causing serious bodily injury by omission, a first-degree felony. Allegedly, the parents attempted to treat their daughter’s life-threatening injuries with vitamins and smoothies rather than seeking immediate medical assistance. It is unclear how the girl initially received the initial injuries, but the charges state she had been home for four days after the injuries occurred with no real treatment.

The mother called 911 when the girl went into respiratory distress, but the girl later died at the hospital. The parents were arrested and charged, with a bond set at $200,000 each. The details in this issue are sketchy, but while some states give parents a significant amount of leeway in providing consent for or refusing medical care on behalf of their children, Texas is not one of those. Under Texas Penal Code 22.04, parents have the duty to provide a minor child under the age of 14 with medical and dental care.  

The problem with charges like this is that they may not be as straightforward as they appear. All the details are not yet known, and the parents could have been overcharged by an overzealous prosecutor. Perhaps the parents were unaware of the extent of the child’s injuries and sought medical help as soon as they became aware. Regardless of how the facts in this situation unfold, should you ever find yourself in a similar position, charged with a felony offense, it is imperative that you contact an experienced McKinney, TX assault attorney from Law Offices of Biederman & Burleson P.L.L.C..

How Can the Failure to Act Be Considered Assault?

In most cases, an assault requires a person to do something. Injury to a child generally also requires that the perpetrator of the injury do something to cause the injury but adds a caveat. Because children require protection and guidance, when a parent or caregiver’s failure to provide medical care, food, or shelter causes an injury, criminal liability can result.  This type of failure is called an omission. Because the parents in the case above failed to seek medical attention for their child in a timely manner, and that omission may have caused or contributed to the child’s death, a first-degree felony was charged.

What Are the Penalties for a Conviction of Injury to a Child Causing Serious Bodily Injury by Omission?

A first-degree felony is the second-most severe type of crime in the state. Most first-degree felony convictions result in a minimum of five years in jail but can result in a life sentence. The death penalty is not an option for a first-degree felony; only capital felonies carry this punishment. The fines for a first-degree felony can be as high as $10,000. If the individual has a prior criminal conviction, the minimum jail sentence can be increased to 15 years. Certain first-degree felony convictions may qualify for probation.

What Are the Collateral Consequences of a Felony Conviction?

Even after a person has served their sentence and is released from prison, the collateral consequences of a felony conviction may follow them for many years to come. A felony conviction in Texas can make it difficult to secure employment. Government student loans are not available to those with a felony conviction, and a professional certification could be rescinded or unable to be obtained. Finally, the right to vote, to possess a firearm, and even to rent a home can be lost or made more difficult for those who have a felony conviction on their record.  

Contact a Collin County, TX Assault Lawyer to Schedule a Free Consultation

Criminal charges are extremely serious, and it is crucial that you choose an attorney who has the experience and skills necessary to build a solid defense on your behalf. A Plano, TX assault attorney from Law Offices of Biederman & Burleson P.L.L.C. will fight aggressively for your rights and your future. With more than 25 years of combined experience, you have made a solid decision when you contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your free consultation.