Child Abuse Charges and Penalties in Phoenix, AZ

Child Abuse Charges and Penalties in Phoenix, AZ

Being accused of child abuse can be terrifying; even if you’re innocent, the social stigma and legal consequences can ruin your life. This article will explain Arizona’s child abuse laws, typical penalties, and possible defenses so you understand your rights and options if facing charges in Phoenix.

Arizona Child Abuse Laws

In Arizona, child abuse charges fall under ARS §13-3623. This law defines abuse as “inflicting or allowing sexual abuse, physical injury, impairment of bodily function, disfigurement, emotional damage, neglect, abandonment, or underage marriage.”

Abuse can be charged as a felony or misdemeanor depending on circumstances like:

• The abuser’s mental state – Was it intentional, knowing, reckless or negligent?
• The child’s age
• The type and severity of abuse

Some key points about Arizona law:

• Intentionally or knowingly abusing a child under 15 is a class 2 felony
• “Reckless” abuse of a child under 15 is a class 3 felony
• Negligent abuse of a child under 15 is a class 4 felony
• Abuse of a child age 15-17 may be charged as a misdemeanor

Penalties get harsher if the abuse causes serious physical injury like bone fractures, burns, head injuries, or permanent disfigurement. Sexual abuse has specific charges like molestation, assault and exploitation.

Typical Penalties

Penalties vary based on the class of felony or misdemeanor, but commonly include:

• Prison time – Minimum 5 years for a class 2 felony up to 6 months in county jail for a misdemeanor
• Fines – Up to $150,000 for a class 2 felony or $2,500 for a misdemeanor
• Probation – Up to 7 years supervised probation
• Sex offender registration for sexual abuse convictions

Other consequences include:

• Loss of child custody or visitation rights
• Restraining orders keeping you away from the victim
• Banned from working with children
• Impacts to immigration status for non-citizens
• Civil lawsuits by the victim

Defenses Against Child Abuse Charges

There are several legal defenses that could get your charges reduced or dismissed in Arizona:

False allegations

If the accusations are fabricated, an attorney can challenge credibility of statements and evidence. Motives like custody disputes or divorce can reveal ulterior motives.

Lack of criminal intent

For serious felonies, the state must prove you acted intentionally or knowingly. Your lawyer may argue there was no criminal intent.

Accident

If injuries occurred accidentally through regular parenting duties like discipline, your attorney can argue there was no abuse.

Mistaken identity

Without solid proof you committed the abuse, identity issues could dismiss the case.

Self-defense

Physically restraining a violent child to protect yourself or others may be justifiable.

Intoxication

Being intoxicated can negate criminal intent, but this rarely succeeds as a sole defense.

Seeking Legal Help

Facing child abuse charges in Arizona is scary; the stakes are so high. While the law allows harsh penalties, an experienced criminal defense lawyer can challenge the allegations and evidence at every step. They will aggressively defend your rights and freedom. Consider contacting a firm like DM Cantor for a free case evaluation.