Child Abuse Lawyers
If you or someone you love has been charged with child abuse or neglect in Virginia, then you need the representation of an experienced trial attorney like those at Krum Gergely & Oates.
Child abuse and neglect are criminalized in the same Virginia statute, VA Code section 18.2-371.1, along with abandonment of an infant. The law recognizes that child abuse can be more or less egregious and provides for different levels of punishment depending on the severity of the abuse or neglect. The statute also carves out two defenses to charges of child abuse or neglect under this statute.
Child abuse or neglect resulting in serious injury
The more serious category of child abuse or neglect appears in paragraph A of Virginia Code section 18.2-371.1 and is punished as a class 4 felony (this means that, if convicted, the punishment is two to ten years imprisonment and a fine of up to $100,000; the punishment can be imprisonment without any fine).
Paragraph A states the elements of child abuse and neglect that qualify as a class 4 felony. A person may be found to be guilty of child abuse or neglect as a class 4 felony if:
Any parent, guardian, or other person responsible for the care of
A child under the age of 18
Who by willful act or willful omission or refusal to provide any necessary care for the child’s health
Causes or permits serious injury to the life or health of such child.
The paragraph also specifies what qualifies as serious injury, though this list is not meant to be all-inclusive:
(i) Disfigurement;
(ii) A fracture;
(iii) A severe burn or laceration;
(iv) Mutilation;
(v) Maiming;
(vi) Forced ingestion of dangerous substances; and
(vii) Life-threatening internal injuries.
Other child abuse or neglect
Paragraph B of Virginia Code section 18.2-371.1 states that it is a class 6 felony if:
Any parent, guardian, or other person responsible for the care of
A child under the age of 18
Whose willful act or omission
In the care of such child
Was so gross, wanton, and culpable as to show a reckless disregard for human life.
In Virginia, a class 6 felony is punishable by one to five years imprisonment, or imprisonment for up to 12 months and/or a fine of up to $2,500.
Failure to seek medical attention
The Virginia code section on child abuse and neglect contains an interesting final paragraph that establishes a safe harbor for parents or caregivers who choose not to seek treatment for a child through the medical establishment and instead decide only to rely on prayer, “in accordance with the tenets and practices of a recognized church or religious denomination.” See paragraph C of Virginia Code section 18.2-371.1.