Defenses to Injury To a Child Charges: 4 Factors

The criminal offense of Injury to a Child is  a very serious charge in Texas which can effect a person’s freedom, custody of their child and ability to make a living. Just because a person is arrested or investigated for Injury to a Child charges doesn’t mean the prosecution can obtain a conviction. There are many ways to defend these types of cases. In fact the Texas penal code sets out affirmative defenses to the charge of Injury to a Child. Here are four factors to consider when using this defense.

1. The use of force can not be deadly force.

2. When the person charged is the parent, step parent, or acting as loco parentis to the child.

3. The evidence shows the defendant reasonably believed that the force used was necessary to discipline the child or promote his welfare.

4. If a teacher is charged with this offense then there is an affirmative defense if the defendant reasonably believes that the force is necessary to further the special purpose or maintain discipline in a group.

If faced with Injury to a Child allegations an individual should contact an experienced Child Abuse Attorney who can explore and develop facts for this type of defense.