Being accused of harming a child is one of the most serious charges a person can face in Texas. Prosecutors pursue these cases aggressively, and a conviction can lead to long-term consequences, including prison time, heavy fines, and damage to your reputation, career, and parental rights.
If you or a loved one is facing accusations of injury to a child or child endangerment, it is critical to take immediate action. Attorney Mike Howard has successfully defended clients in Dallas against serious criminal charges and is prepared to fight for your future.
Understanding Child Injury and Endangerment Charges in Texas
Texas law defines injury to a child as any act that causes harm to a child 14 years old or younger, committed intentionally, knowingly, recklessly, or with criminal negligence. The law differentiates between two types of harm:
- Bodily injury – Any physical pain, illness, or impairment.
- Serious bodily injury – Life-threatening harm, permanent disfigurement, or significant mental impairment.
The level of intent and severity of the injury determines the charges and potential penalties.
Penalties for Criminally Injuring a Child
The penalties for injury to a child in Texas vary based on intent and the extent of the harm:
- Injury caused by criminal negligence – This is a state jail felony, punishable by 180 days to 2 years in jail and fines of up to $10,000.
- Reckless bodily injury – Charged as a third-degree felony, this offense carries 2 to 10 years in prison and fines of up to $10,000.
- Intentional bodily injury or recklessly causing serious bodily injury – A second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000.
- Intentional serious bodily injury – Considered a first-degree felony, this charge carries 5 to 99 years or life in prison and fines of up to $10,000.
Convictions for these charges can have lifelong consequences, making an aggressive legal defense essential.
Child Endangerment and Related Offenses
Under Texas Penal Code § 22.041, child endangerment occurs when someone places a child under the age of 15 in imminent danger of physical injury, mental impairment, or death. This can involve:
- Leaving a child in a dangerous environment
- Failing to provide proper supervision in hazardous situations
- Exposing a child to drugs or other illegal activities
- Allowing a child to witness domestic violence
What Are the Penalties for Child Endangerment?
- Standard child endangerment – Charged as a state jail felony, punishable by 180 days to 2 years in jail and fines of up to $10,000.
- Endangerment with intent to harm – This becomes a second-degree felony, carrying 2 to 20 years in prison and fines up to $10,000.
Related Texas Child Injury & Abuse Charges
- Leaving a Child in a Vehicle (§22.10) – Leaving a child alone in a vehicle for longer than five minutes in dangerous conditions.
- Child abandonment (§ 22.041) – Leaving a child without reasonable care or supervision.
- Aggravated Assault of a Child (§ 22.01) – Causing serious bodily injury using a weapon or excessive force.
- Sexual Performance of A Child (§43.25) – Involving a minor in any sexual act for financial gain.
- DWI with a Child Passenger ( § 49.045) – Driving while intoxicated with a child in the vehicle, leading to enhanced penalties.
What Are the Collateral Consequences of a Conviction?
A conviction for child injury or endangerment carries more than just legal penalties. It can affect nearly every part of your life, including:
- Criminal record – Having a felony on your record can limit job opportunities, housing options, and even the ability to obtain loans.
- Parental rights – A conviction can influence family court decisions, potentially leading to a loss of custody or visitation rights.
- Firearm ownership – Felony convictions result in the permanent loss of the right to own firearms.
- Professional licensing – Certain careers, including teaching, healthcare, and childcare, require clean criminal records, and a conviction may lead to revocation of a professional license.
These consequences make fighting the charges with a skilled defense attorney even more critical. Please visit our criminal defense resource center for more information about your rights and the legal process regarding child injury, abuse, and related charges in Dallas, TX.
Defenses Against Child Injury and Endangerment Charges
A charge does not automatically mean a conviction. Several legal defenses can challenge these accusations, including:
False Allegations and Misunderstandings
False accusations are common in cases involving child injury, especially during contentious divorce or custody battles. An experienced defense attorney can:
- Investigate the accuser’s motives
- Challenge inconsistencies in witness statements
- Present evidence disproving the allegations
Accidental Injury
Children frequently sustain injuries through everyday activities. The prosecution must prove that an injury resulted from intentional harm or recklessness. A defense may argue:
- The injury was an accident and not the result of negligence
- Medical reports misinterpreted normal injuries as signs of abuse
- The accused was not responsible for supervising the child when the injury occurred
Parental Right to Discipline
Texas law allows reasonable corporal punishment. A defense can argue:
- The discipline was lawful and not excessive
- The punishment was within reasonable parental rights and not intended to harm the child
Lack of Criminal Negligence
The law requires proof of gross negligence. A defense may show:
- The accused took reasonable precautions
- The injury was unforeseeable or caused by another factor
Constitutional Violations
If law enforcement violated constitutional rights, the case could be weakened. A defense attorney can challenge:
- Unlawful searches and seizures
- Coerced confessions
- Improper questioning of a child without a guardian present
A strong defense from a Dallas child endangerment attorney can lead to a reduction or dismissal of charges.
FAQs About Child Endangerment & Injury Charges
Who is Required to Report Child Abuse in Texas?
Under Texas Family Code § 261.101., anyone who suspects child abuse is required to report it to the Texas Department of Family and Protective Services. Mandatory reporters like teachers, doctors, and childcare providers must report suspected abuse within 48 hours. Failure to report can result in criminal charges.
Can I Be Charged for Disciplining My Child?
Yes, if the discipline causes serious mental or physical harm. However, Texas law allows reasonable discipline. If your actions were within legal boundaries, you may have a strong defense.
Can I Expunge a Child Injury or Abuse Charge?
Expunging a conviction for child injury or abuse is difficult in Texas. However, if your case was dismissed, acquitted, or never prosecuted, you may be able to expunge or seal the record.
Why Choose Attorney Mike Howard?
If you are facing accusations of harming a child, you need an experienced and strategic defense lawyer. The Law Office of Mike Howard provides:
- A personalized defense strategy tailored to your situation
- Aggressive representation in negotiations and trial
- Proven case results demonstrating successful outcomes for past clients
- Dedicated client communication, ensuring your questions are answered promptly
Call a Child Endangerment & Child Injury Lawyer Today
Together, we can get your life back.
When you’re ready to take the next steps, attorney Mike Howard is here to discuss your situation and design a plan to deal with Dallas child abuse allegations. Trust our experience, empathy, and ability to help put charges behind you.
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(214) 296-2221
See Our Results
- Injury to a Child Causing Serious Bodily Injury – Deferred Probation
- Indecency with a Child – Not Guilty
- Continuous Sexual Abuse of a Child – Not Guilty
See our full list of results.
