Tarrant County Injury to a Child, Elderly, or Disabled Individual Criminal Defense Attorney

Chapter 22 Section 22.04 of the Texas Penal Code  enumerates a variety of prohibited conduct referred to as Injury to a Child, Elderly, or Disabled Individual.

A person accused of Injury to a Child, Elderly, or Disabled Individual needs the best criminal defense attorney due to the wide-spectrum of possible punishment.

The experienced Law Office of David Sloane Tarrant County Injury to a Child, Elderly, or Disabled Individual Criminal Defense Attorneys are here to protect you and your freedom from wrongful prosecution.

Injury to a Child, Elderly, or Disabled Individual Explained – Texas Penal Code § 22.04(a)

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

Under Texas Penal Code § 22.04(a), a person commits the offense of injury to a child, elderly, or disabled individual if the person intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury.

Injury to a Child, Elderly, or Disabled Individual Statutory Elements Explained

Who is criminally liable for omissions under the Injury to a Child, Elderly, or Disabled Individual statute? 

In accordance with Texas Penal Code § 22.04(b), an omission that causes serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury constitutes Injury to a Child, Elderly, or Disabled Individual if the actor had a legal or statutory duty to act; or if the actor had assumed care, custody, or control of the child, elderly, or disabled individual.

Pursuant to Texas Penal Code § 22.04(d), an actor assumes care, custody, or control if the actor has by act, words, or course of conduct acted so as to cause a reasonable person to conclude that the actor has accepted responsibility for protection, food, shelter, or medical care for a child, elderly, or disabled individual.

Who is a Child, Elderly, or Disabled Individual under the Injury to a Child, Elderly, or Disabled Individual statute? 

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.

What is considered Serious Bodily Injury under the Injury to a Child, Elderly, or Disabled Individual statute?

Serious Bodily Injury is defined under Texas Penal Code § 1.07(46) as physical pain, illness, or any impairment of physical condition that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What is considered Bodily Injury under the Injury to a Child, Elderly, or Disabled Individual statute?

Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.

Injury to a Child, Elderly, or Disabled Individual Punishment Explained – Texas Penal Code § 22.04(e)-(g)

The applicable punishment range for Injury to a Child, Elderly, or Disabled Individual ranges from a state jail felony to a first-degree felony depending on the culpable mental state. 

What is the punishment range for Injury to a Child, Elderly, or Disabled Individual for causing Serious Bodily Injury, or Serious Mental Deficiency, Impairment, or Injury? 

The offense is a first-degree felony, punishable between five to 99 years or life in prison and a fine up to $10,000, if a person intentionally or knowingly, by act or omission, causes to a child, elderly, or disabled individual serious bodily injury or serious mental deficiency, impairment, or injury.

The offense is a second-degree felony, punishable between two to 20 years in prison and a fine up to $10,000, if a person recklessly, by act or omission, causes to a child, elderly, or disabled individual serious bodily injury or serious mental deficiency, impairment, or injury.

What is the punishment range for Injury to a Child, Elderly, or Disabled Individual for causing Bodily Injury? 

The offense is a third-degree felony, punishable between two to ten years in prison and a fine up to $10,000, if a person intentionally or knowingly, by act or omission, causes to a child, elderly, or disabled individual bodily injury.

The offense is a state jail felony, punishable between six months to two years in prison and a fine up to $10,000, if a person recklessly, by act or omission, causes to a child, elderly, or disabled individual bodily injury.

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

You need an experienced criminal defense attorney to defend you against Injury to a Child, Elderly, or Disabled Individual allegations. A conviction could send you to prison for the rest of your life! The Law Office of David Sloane Tarrant County Criminal Defense Attorneys are here to represent you.

Our Tarrant County Injury to 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