In many cases, the allegations of abuse arise from the observations of a pediatrician or a teacher, who are under a legal duty to report suspected cases of abuse to Child Protective Services (CPS).
Thus, you may find yourself defending against child abuse charges and a CPS petition to terminate your parental rights. In such a situation, an experienced Detroit child abuse lawyer can help you maintain custody of your child and defend your reputation in the face of false allegations and overzealous prosecution.
Child Abuse in the First Degree
As in the rest of the United States and most of the world, a child is any person under the age of 18. Michigan Penal Code section 750.136b(2) defines child abuse in the first degree as knowingly or intentionally causing:
- Serious Physical Harm — Any physical injury that seriously impairs a child’s health or well-being, such as a bone or skull fracture, brain damage, internal bleeding, deep cut, burn, sprain, or dislocation.
- Serious Mental Harm — Any injury to a child’s mental condition resulting in a substantial disorder of his or her thoughts or mood that significantly impairs his or her ability to cope with ordinary life, recognize reality, or demonstrate normal judgment or behavior—whether permanent or not.
The penalty for committing the felony of child abuse in the first degree may be imprisonment for any number of years up to life.
Child Abuse in the Second Degree
According to Michigan Penal Code 750.136b(3), a person is guilty of child abuse in the second degree if he or she:
- Causes serious physical or mental harm to a child through omission, such as leaving a child in a dangerous situation or failing to provide proper care, shelter, food, or clothing
- Causes serious physical or mental harm to a child through an act of recklessness, such as knowingly involving a child in an activity that could result in harm
- Knowingly or intentionally does something that would likely result in serious physical or mental harm to the child—regardless of whether harm actually occurs
- Knowingly or intentionally commits an act of cruelty to a child, whether harm results or not
The penalty for a first offense child abuse in the second degree may be imprisonment of up to 10 years, and 20 years for a second offense.
Child Abuse in the Third Degree
As defined in Michigan Penal Code section 750.136b(5), child abuse in the third degree consists in:
- Knowingly or intentionally causing physical harm of any kind to a child
- Knowingly or intentionally doing something which, under the circumstances, poses an unreasonable risk of harm to the child, and the child gets injured
Child abuse in the third degree is a felony, and a conviction could result in a prison sentence of up to 2 years.
