Utah Child Abuse Lawyer

In Utah, being charged with child abuse can mean losing the rights to your children, paying heavy fines, possible jail time, and destruction of your record. Do not fight these charges alone, let Weber Law help you today!

WHAT IS CHILD ABUSE?

Any person who physically injures a child, or having the care or custody of such child, causes or permits another to physically injure a child is guilty of the offense of child abuse in the state of Utah. 

WHAT IS THE PENALTY?

The penalty of child abuse in the state of Utah depends on the injuries sustained to the child and the intent of the person inflicting those injuries. A person who is considered to inflict physical injury on a child could be guilty of a second-degree felony, a third degree felony, or a class A misdemeanor.

Examples of serious physical injuries include but are not limited to:

• starvation
• burns
• broken bones
• head injuries from shaking or hitting
• suffocation

A person can be charged with a second degree felony child abuse charge if the abuse is done intentionally or knowingly. A person can be charged with a third degree felony if the abuse occurred from reckless actions. If a person commits child abuse due to criminal negligence, then they can be charged with a class A misdemeanor.

A person who inflicts physical injury on a child that is not considered serious can be charged with a class A misdemeanor, if done intentionally or knowingly, class B misdemeanor if done recklessly, or a class C misdemeanor if done due to criminal negligence.

It is important to note that a person can also be charged with child abuse if they do not physically do the abusing but allow the abuse to occur.

Additionally, a person can be charged with child abuse if they commit the act of domestic violence in front of a child. Depending on the severity of the violence, a person can be charged with a third degree felony or class B misdemeanor. This charge would be in addition to any domestic violence charge. 

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one year imprisonment and a fine of up to $1,000.00.

A class B misdemeanor is punishable by up to six months in jail and a fine of up to $1,000.00.

A class C misdemeanor is punishable by up to ninety days in jail and a fine of up to $750.00.

WHAT SHOULD I DO IF I HAVE BEEN ACCUSED OF CHILD ABUSE?

If you have been accused of child abuse, whether a felony or misdemeanor, let Weber Law help you today. It can be a stressful situation to have criminal charges pending and Weber Law will work for you. Your children could be placed in protective care while you have these pending charges, and your visitation with them could be suspended. Let Weber Law work to have your citation dismissed or dropped to a lower offense. If that is not possible, we will negotiate the best deal for you, which could include a shorter jail time, or no jail time, and a lesser fine. 

There are potential defenses against a charge of child abuse, including accidents, mistakes, or even not knowing the abuse was occurring. Weber Law will look at every aspect of your case, including surveillance footage (if available), eye witness testimonies, and even your prior criminal record. Let Weber Law build the best defense for you! A charge of child abuse on your record could potentially hurt future job offers, and ruin your record. Weber Law is experienced in defending these charges and getting you back to a life free of criminal charges with your children. It is never a good idea to face these charges without an attorney, the court room can be intimidating, and you need someone with experience. Any blemish on your record can have detrimental effects on the rest of your life. Let Weber Law’s experienced attorneys fight for you in court. If you or someone you know has been accused of criminal mischief, contact Weber Law today for a consultation.

• Utah Code § 76-5-109, Child abuse – child abandonment
• Utah Code § 76-3-204, misdemeanor conviction – term of imprisonment
• Utah Code § 76-3-203, Felony conviction—indeterminate term of imprisonment
• Utah Code § 76-3-301, fines of individuals