Tarrant County Abandoning or Endangering a Child, Elderly, or Disabled Individual Criminal Defense Attorney

Chapter 22 Section 22.041 of the Texas Penal Code  details a variety of prohibited conduct referred to as Abandoning or Endangering a Child, Elderly, or Disabled Individual.

Due to the sensitive class of alleged victims and wide spectrum of possible punishment, individuals accused of Abandoning or Endangering a Child, Elderly, or Disabled Individuals need the best criminal defense attorney possible.

The elite Law Office of David Sloane Tarrant County Abandoning or Endangering a Child, Elderly, or Disabled Individual Criminal Defense Attorneys are here to represent your interests and protect your freedom.

Abandoning a Child, Elderly, or Disabled Individual Elements Explained – Texas Penal Code § 22.041(b)

What is Abandoning a Child, Elderly, or Disabled Individual under Texas criminal law? 

Pursuant to Texas Penal Code § 22.041(b), a person commits the offense of abandoning a child, elderly, or disabled individual if the person, having custody, care, or control of a child, elderly, or disabled individual, intentionally abandons the child or individual in a place under circumstances that expose the child or individual to an unreasonable risk of harm.

What does it mean to abandon a child, elderly, or disabled individual under Texas criminal law? 

According to Texas Penal Code § 22.041(a)(1), abandon means to leave in any place without providing reasonable and necessary care to a child, elderly, or disabled individual under circumstances under which no reasonable, similarly situated person would leave a child or individual of that age and ability.

Abandoning a Child, Elderly, or Disabled Individual Punishment Explained – Texas Penal Code § 22.041(d)-(e)

What is the punishment range for abandoning a child, elderly, or disabled individual? 

The punishment range for abandoning a child, elderly, or disabled individual ranges from a state-jail felony to a second-degree felony depending on an actor’s intent or risk to the child or individual.

State-Jail Felony – Abandoning a child, elderly, or disabled individual is a state-jail felony if the actor abandoned the child, elderly, or disabled individual with the intent to return for the child or individual. A state jail felony is punishable between six months to two years in a state-jail facility and a fine up to $10,000.

Third-Degree Felony – Abandoning a child, elderly, or disabled individual is a third-degree felony if the actor abandoned the child, elderly, or disabled individual without the intent to return for the child or individual. A third-degree felony is punishable between two to ten years in prison and a fine up to $10,000.

Second-Degree Felony – Abandoning a child, elderly, or disabled individual is a second-degree felony if the actor abandoned the child, elderly, or disabled individual under circumstances that a reasonable person would believe would place the child or individual in imminent danger of death, bodily injury, or physical or mental impairment. A second-degree felony is punishable between two to 20 years in prison and a fine up to $10,000.

To learn more about felony punishments, visit Tarrant County Felony Criminal Defense Attorneys.

Endangering a Child, Elderly, or Disabled Individual Elements Explained – Texas Penal Code § 22.041(c)

Pursuant to Texas Penal Code § 22.041(c), a person commits the offense of endangering a child, elderly, or disabled individual if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child, elderly, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment.

It is presumed that a person engaged in conduct the places a child, elderly, or disabled individual in imminent danger of death, bodily injury, or physical or mental impairment if:

• The person manufactured, possessed, or in any way introduced into the body of any person methamphetamine in the presence of the child, elderly, or disabled individual.
• The person’s conduct related to the proximity or accessibility of methamphetamine to the child, elderly, or disabled individual and an analysis of a specimen of the child’s or individual’s bodily substance indicated the presence of methamphetamine in the body of the child or individual.
• The person introduced a controlled substance from penalty group 1, such as heroin, methamphetamine, or cocaine, into the human body when the person was not in lawful possession of the substance. To learn more about controlled substances under penalty group one, visit Tarrant County Controlled Substances Penalty Group 1 Criminal Defense Attorneys.

Endangering a Child, Elderly, or Disabled Individual Punishment Explained – Texas Penal Code § 22.041(f)

What is the punishment range for endangering a child, elderly, or disabled individual? 

Endangering a Child, Elderly, or Disabled Individual is a State-Jail Felony, punishable between six months to two years in a state-jail facility and a fine up to $10,000.

Child, Elderly, and Disabled Individual Definition – Texas Penal Code § 22.04(c)

What is the definition of child, elderly, and disabled individual under Texas criminal law? 

Pursuant to Texas Penal Code § 22.04(c):

• A Child is any person 14 years of age or younger.
• An Elderly Individual is any person 65 years of age or older.
• A Disabled Individual is any person with one or more of the following – autism spectrum disorder, developmental disability, intellectual disability, severe emotional disturbance, traumatic brain injury, or mental illness – or who otherwise, by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm, or to provide food, shelter, or medical care for the person’s self.

Special Defenses to Abandoning or Endangering a Child, Elderly, or Disabled Individual – Texas Penal Code § 22.041(g)-(h)

Texas Penal Code § 22.041 provides two special defenses to Abandoning or Endangering a Child, Elderly, or Disabled Individual related to athletic events and emergency infant care providers.

It is a defense to prosecution for Endangering a Child, Elderly, or Disabled Individual that the act or omission enables the child or individual to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.

It is an exception to the application for abandoning or endangering a child that the actor voluntarily delivered the child to a designated emergency infant care provider.

How to Fight - Contact Us for a Free Consultation with our Tarrant County Abandoning or Endangering a Child, Elderly, or Disabled Individual Criminal Defense Lawyers

You need an elite criminal defense attorney to defend you or a loved one against Abandoning or Endangering a Child, Elderly, or Disabled Individual accusations. A conviction carries stiff punishment, such as a life-long felony conviction, prison, and future criminal enhancements. The Tarrant County Criminal Defense Attorneys with The Law Office of David Sloane are here to protect you!

Our Tarrant County Abandoning or Endangering a Child, Elderly, or Disabled Individual Criminal Defense Lawyers have helped thousands of clients fight assault-related cases in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as:

• Tarrant County
• Dallas County
• Parker County
• Denton County
• Wise County
• Johnson County
• Hood County
• Ellis County
• Collin County