If you’re convicted of child neglect and abuse, you could be sentenced to a lengthy prison term and face long-term consequences in your life, including the loss of custody of your children. At The Wilson Law firm, our skilled criminal defense legal team can help you mount a strong case with proper evidence.
Class 4 Felony Child Neglect and Abuse in Virginia
Under Virginia Code §18.2-371.1, you could be convicted of a Class 4 felony if the prosecutor proves the following:
- You’re either the parent, guardian, or an individual caring for the child.
- You either intentionally acted, failed to act, or refused to act to provide the child with necessary care for their health.
- Your actions caused serious injury to the child’s life or health.
This law defines serious injury to include, but isn’t limited to:
- Disfigurement
- Fractures
- Severe burns or cuts
- Mutilation
- Maiming
- Forced consumption of dangerous substances
- Life-threatening internal injuries
Class 6 Felony Child Neglect and Abuse Charges
You could also be charged with a Class 6 felony, a less severe crime than a Class 4 felony. You can be found guilty if you’re a parent, guardian, or person responsible for a child, and your willful acts or omissions in their care are so gross, wanton, and culpable that they show a reckless disregard for human life. Unlike Class 4 child neglect and abuse, the prosecutor doesn’t have to prove you injured the child.
Punishments You Face If Convicted of Child Neglect and Abuse in Virginia
The penalties for felony child neglect and abuse often include incarceration. The judge could sentence you to the following:
- Class 4 felony. You could be sentenced to prison for 2–10 years and a fine of up to $100,000.
- Class 6 felony. This felony is punishable by a prison sentence of up to five years. However, a judge or jury would have the choice to sentence you to up to 12 months in jail, a fine not to exceed $2,500, or both.
Why Retaining Our Criminal Defense Lawyers Should Be Your First Step If Charged With Child Neglect
Our lawyers will use every available defense to fight the charges you face, even if you believe you’re guilty. For example, you could have made an honest mistake. Or the police may have violated your constitutional rights, which we can use to argue that crucial evidence the prosecutor is using against you should be suppressed. If it’s in your best interests, we might also have grounds to convince the prosecutor to offer you a favorable plea bargain.
Throughout your criminal case, our legal team will explain your defenses, communicate frequently about how your case is progressing, and always clearly outline your options so you can make the best decisions for your life.