Child Abuse Criminal Charge in North Carolina
Child abuse is a term that is very widely used, but often times inadequately defined. In North Carolina, the criminal charge of child abuse is defined by statute, and can be either a misdemeanor or felony, depending on the facts and circumstances surrounding the alleged incident. If you are charged with child abuse in North Carolina, you should contact a criminal defense attorney immediately.
Misdemeanor Child abuse
In North Carolina misdemeanor child abuse is defined by North Carolina General Statute 14-318.2. Misdemeanor child abuse is a class one Misdemeanor and follows the North Carolina Misdemeanor sentencing guidelines.
What constitutes misdemeanor child abuse?
Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means.
Felony Child Abuse
In North Carolina felony child abuse is Defined by North Carolina General Statute 14-318.4. Felony child abuse follows the North Carolina felony sentencing guidelines. The felony can be one of several different classes depending on the level of injury suffered by the child and the alleged conduct of the defendant.
What constitutes felony child abuse ?
Below are just some of the examples of felony child abuse charges in North Carolina with regards to what the defendant was accused of doing:
A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child.
- Punished as a Class D felony.
- A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function.
- Punished as a Class B2 felony.
- A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life.
- Punished as a Class E felony
Child abuse charges are very wide ranging and carry a wide range of potential punishments. At Gilles Law we handle not only child abuse cases but several of criminal cases as well. If you in need of a criminal defense attorney in North Carolina, contact us today.