Child Abuse
Criminal offenses very often carry collateral consequences for offenders such as possible deportation, loss of voting privileges, or loss of the right to carry a firearm. One offense that can carry disastrous consequences for defendants in the State of Tennessee, and sometimes rightfully so, is the offense of child abuse, neglect, or endangerment.
The offense of child abuse, neglect, or endangerment is defined in Tennessee as follows:
(a) Any person who knowingly, other than by accidental means, treats a child under eighteen (18) years of age in such a manner as to inflict injury commits a Class A misdemeanor; provided, however, that, if the abused child is eight (8) years of age or less, the penalty is a Class D felony.(b) Any person who knowingly abuses or neglects a child under eighteen (18) years of age, so as to adversely affect the child's health and welfare, commits a Class A misdemeanor; provided, that, if the abused or neglected child is eight (8) years of age or less, the penalty is a Class E felony.
(c) (1) A parent or custodian of a child eight (8) years of age or less commits child endangerment who knowingly exposes such child to or knowingly fails to protect such child from abuse or neglect resulting in physical injury to the child.
As one can see, this statute makes it a crime not only to injure a child, but to allow injury to a child or to willingly or, if the accused is a parent or custodian, neglectfully expose the child to danger regardless of the actual result of the behavior. Depending on the type of behavior and whether the child is eight years of age or less, these offenses range in classification from a Class A misdemeanor which carries about a year in jail to a Class D felony, which can carry up to twelve years in jail depending on the offender's criminal history.
Another potentially devastating consequence of this offense is that a person who is found guilty of such behavior almost certainly stands to lose custody of their child or children temporarily if that person's parental rights are not terminated altogether. Thus, offenders may be willing to take riskier actions such as rejecting favorable plea agreements for fear that entering a plea of guilt to the charge will endanger the offender's custodial status.
Offenses with such serious consequences require serious criminal representation. East Tennesseans who are charged with this or any offense should contact a skilled East Tennessee criminal defense attorney who has experience defending individuals against these charges in Knoxville, Sevierville, Johnson City, Greeneville, and surrounding areas.
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