Tarrant County Injury to a Child, Elderly, or Disabled Individual Criminal Defense Attorney
Experienced Injury to a Child, Elderly, or Disabled Individual Criminal Defense in Tarrant County and the Dallas – Fort Worth Area
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 Sloane Law Firm 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.
Our Settlements & Verdicts
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Case Dismissed Criminal Trespass - Critical Infrastructure
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Reduced to Misdemeanor Aggravated Assault with a Deadly Weapon and Evading Arrest
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Case Dismissed Resisting Arrest
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Case Dismissed Theft of Property $750 - $2,500
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Case Dismissed Possession of Methamphetamine Under One Gram
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