Texas Woman Charged After Twin Infants Drown in Bathtub

 Posted on November 05, 2024 in Criminal Defense

A drowning incident in Odessa, TX, resulted in the death of two one-year-old twins. The caregiver for the twins is believed to have placed the babies in the bathtub, turned on the water, and then left the bathroom to watch television, where she fell asleep for an unknown amount of time. The caregiver is being charged with two counts of Injury to a Child and has a bond of $1 million dollars.

In the state of Texas, while Injury to a Child is under the assault statute, it is always a felony offense. This is contrary to other types of assault, which can be charged as a lesser felony for aggravated assault or as a misdemeanor for simple assault. If you are facing such serious charges, you need the assistance of a Plano, TX criminal defense attorney from Law Offices of Biederman & Burleson P.L.L.C..  

Potential Charges and Penalties for Injury to a Child Charges

Assault of another person generally entails recklessly or knowingly causing injury to another person. Injury to a Child could also involve doing something to a child that causes injury, but for a child, the statute goes a step further. A person can also be charged with Injury to a Child for failure to do something necessary for the child’s safety and well-being. This could include failing to provide a child with shelter, food, or medical care or, as in the case above, failing to ensure a child's safety. There are four levels of Injury to a Child with different felony levels and penalties:

• The most serious charge is a first-degree felony for knowingly and intentionally causing severe injury or death to a child. A conviction for these charges can result in five to 99 years in prison.
• If the injury to a child was not intentional but was reckless, and the injuries are serious, then a second-degree felony can be charged, with a penalty of up to 20 years in prison.
• If the act was intentional, but the resulting injuries are not severe, a third-degree felony is charged, with a penalty of up to 10 years in prison.
• If the injuries to the child are minor and were reckless but not intentional, a state jail felony will be charged, with a penalty of up to two years in prison.

Each of these offenses also has a maximum fine of $10,000.

Intentional, Knowing, and Reckless Conduct

You may wonder how it is determined whether a person’s conduct is intentional, knowing, or reckless. Intentional conduct is deliberate and understands the potential results. Knowing conduct means acting with knowledge of a particular outcome or failing to act with knowledge of a specific outcome.

While the caregiver above surely should have known that failing to supervise such young children could result in tragedy, the prosecutor must determine whether the act was intentional. Reckless conduct assumes a person might have been aware that an injury could result from an act or failure to act but acted carelessly.  

Defenses to Injury to a Child

While each case is different and each defense is specifically tailored to the defendant and the situation, for these charges, a defense attorney is most likely to try and prove that the act or failure to act was not intentional or knowing but rather careless. This can make the difference between a five-year to 99-year potential prison sentence and a two-year sentence.

Contact a Collin County, TX Injury to a Child Lawyer

If you are facing Injury to a Child charges, you must take these charges very seriously. Injury to a Child is considered a violent crime with harsh penalties. Having a Frisco, TX Injury to a Child attorney as your advocate can significantly affect the outcome of your charges. Our attorneys have more than 25 years of combined criminal defense experience, offering a free consultation to discuss your charges and consider strategies. Contact Law Offices of Biederman & Burleson P.L.L.C. at 469-333-3333 to schedule your meeting.