Child Abuse and Vulnerable Adult Abuse

– LAW OFFICE OF DANIEL HUTTO –

Different Types of Child Abuse and the Abuse of Vulnerable Adults

In the state of Arizona, child abuse and the abuse of a vulnerable adult fall into to two key categories based on the type of abuse and a number of other factors. But the chief difference between categories one and two is that in category one, the caretaker or person who has custody of the victim either causes the abuse, allows the abuse to continue, or causes the victim to be placed in circumstances where his or her health or life could be in danger.

Whereas in category two, with child abuse or the abuse of a vulnerable adult, the abuse is not considered likely to cause the death or severe physical injury to the victim, but under which the victim did in fact suffer — or could have suffered — physical injury or other discomfort, hardship, or distress.

Here’s an analysis of how the two different categories are otherwise broken down, and what the charges associated can be:

In the state of Arizona, child abuse and the abuse of a vulnerable adult fall into to two key categories based on the type of abuse and a number of other factors.

Category One Child Abuse or Abuse of a Vulnerable Adult

In this category of child abuse, neglect, or exploitation, the person who has been charged must be the person who has custody or who is legally responsible for the care of the child, and as such, places the child or vulnerable adult into a situation or situations where that victim’s health, wellbeing, or life were in danger.

As Arizona law defines Category 1 Abuse of a child or vulnerable adult, you may be charged with a variety of offenses, including:

• • Class 2 felony: This is when the child abuse or adult was done knowingly and intentionally
  • Class 3 felony: This is when the child abuse or adult was done knowingly and intentionally and is also considered to have been done recklessly
  • Class 4 felony: In this scenario, the abuse to the child or adult was not only done knowingly and intentionally, but the abuse was also done with criminal negligence, meaning that the person charged with the crime engaged in the abuse knowing that it was abuse and consciously disregarded that fact.
  • Likewise, “reckless” in this sense can also mean that the person charged was not the person who engaged in the child abuse, but that s/he disregarded circumstances under which the abuse occurred, placing or leaving the victim in harm’s way despite understanding that the circumstances of the event(s) placed the victim in danger of abuse.
  • It is important to understand that in this sense, reckless denotes a level of disregard for the victim’s wellbeing in a manner that a “reasonable” person would consider a “gross deviation” from what would be considered normal or acceptable.
  • Finally, if the child who is the victim of the abuse is under the age of 15, charges of child abuse will then qualify for punishment under DACA — the Dangerous Crimes Against Children Act Statute

Category Two Child Abuse or Abuse of a Vulnerable Adult

Category Two child abuse or vulnerable adult is a crime you can be charged with whether you were the person actually causing the harm, or if you were aware of the abuse and allowed it to continue without notifying the authorities or taking any other steps to put a stop to the abuse of the child or adult.

However, Category 2 child abuse or adult abuse differs from Category 1 abuse in that it was not the type of abuse that would have likely killed or caused severe bodily injury to the victim in question. With that said, under Category 2 abuse of a child or adult, the charge suggests that the victim did suffer — or could have suffered — bodily injury or other forms of abuse.

Under Category 2 child or adult abuse, both the person responsible for the actual abuse as well as any person who allowed the abuse to continue may be charged with the following felony class charges:

• • Class 4 felony: This is when the abuse, neglect, or exploitation — or the witnessing of such activities and allowing them to continue — was done knowingly and/or intentionally
  • Class 5 felony: This is when the abuse to the child or vulnerable adult was not only done knowingly and intentionally, but was also done recklessly, meaning the alleged abuser consciously disregarded the fact that s/he was engaged in abuse, constituting a “gross deviation” from that which a reasonable person would find acceptable.
  • Class 6 felony: This is when the abuse to the child or adult was done with criminal negligence, meaning that the alleged abuser failed to understand — or care to understand — the substantial risk of harm that the abuse could result in.

Penalties for Child Abuse and Vulnerable Adult Abuse in Arizona

Sentencing for child abuse and vulnerable adult abuse is exceptionally punitive in the state of Arizona, with first time offenders of Class 2 felony abuse that could have resulted in the death of the victim facing between 10 and 24 years in prison. Other charges for child, adult, and elder abuse in Arizona include the following:

• • In cases where the abuse was done intentionally and knowingly to an elderly person or other victim over the age of 15, first time offenders can face between 3 and 12.5 years in prison
  • For those who have prior offenses of abuse, that sentencing shoots up to between 4.5 and 23.25 years in prison.
  • For those with two prior convictions of child, elder, or vulnerable adult abuse, the sentencing becomes even more severe, ranging between 10.5 and 35 years in prison.

  Sentencing for cases of elder, vulnerable adult, or child abuse that involve allegations of recklessness will be classified as a class 3 felony.

  • First time offenders can expect to spend between 2 and 8.75 years in prison.
  • If the accused has one prior conviction, sentencing ranges from 3.5 to 16.25 years in prison.
  • If the person has two prior convictions, sentencing once again increases from 7.5 to 25 years in prison.
  • Elder, vulnerable adult, and child abuse charges that include allegations of criminal negligence will be classified as a Class 4 felony, carrying sentencing ranging from a minimum of 1 year all the way up to 15 years in prison depending on the unique circumstances involved in each case.

Getting the Best Defense for an Abuse Charge in Arizona

The most important part of building any defense against child abuse in the state of Arizona is establishing that any alleged abuse was neither intentional nor done knowingly; by demonstrating this, the most severe punishments cannot be considered in your case. And, if the prosecution tries to argue that you were reckless or negligent, our job as your Arizona criminal lawyer is to demonstrate that you were not in “gross deviation” of the standard of conduct a reasonable person would demonstrate under the same circumstances.

At the Law Office of Daniel Hutto, we will aggressively represent you, ensuring the court and the jury understand your side of the story and every nuance of the circumstances that led to your charges. To get you started right away, our knowledgeable and caring attorneys offer free legal consultations — this helps us to best understand your side of the story and begin building your case. To get started with your no-cost consultation, dial 602.536.7878 today.