According to Michigan Compiled Laws 750.136b, child abuse and neglect involve acts resulting in, or that could result in, harm or injury to a person under 18 years of age. The statute applies to persons responsible for the care or supervision of a child or children.
These Individuals Can Include:
- Guardians, and
- Persons with custody or authority over a child.
What Is Child Abuse?
Abuse and neglect can consist of willful actions causing a child to suffer physical harm, serious physical harm, and/or mental harm. Physical harm includes injury to the child’s physical condition.
Serious Physical Harm Causes Impairment to the Child’s Health or Well-Being and Can Include:
- Brain damage,
- Skull or bone fracture,
- Dislocated joints,
- Sprains, and
- Severe cuts.
Mental harm can cause adverse changes to the child’s thoughts, mood, judgment, or coping abilities. It can be temporary or permanent.
What Is Child Neglect?
Charges for abuse and neglect can also arise in Michigan if the person is alleged to have failed to do something that put the child at risk of harm or actually caused harm.
For Instance, Willfully Abandoning the Child or Not Providing Them With:
- Clothing, or
If you want your side of the story to be heard, reach out to Lapeer County abuse and neglect lawyer Bernard Jocuns. To him, people come first. You will not be just a case number. You will be seen as an individual caught up in a difficult situation. Mr. Jocuns will be your advocate throughout your case.
What Are the Degrees of Abuse and Neglect in MI?
Michigan law enumerates four degrees of abuse and neglect. First-degree is the most serious charge a person can face, and fourth-degree is considered a less severe offense. First-degree neglect occurs when a person knowingly or intentionally causes serious physical or mental harm to a child.
Second-Degree Abuse and Neglect Charges Can Be Levied if a Person Engages in Any of the Following:
- A willful omission or reckless act causing the child to suffer serious physical or mental harm;
- An act that could result in the child suffering serious physical or mental harm, regardless of whether such happened;
- A cruel act that is brutal, inhuman, sadistic, or torments the child, regardless of whether harm resulted; or
- A licensed child care provider or representative of the facility violating a family or group home rule, and that violation results in the death of a child.
Third-Degree Abuse and Neglect Can Be Committed When a Person Knowingly or Intentionally:
- Causes a child to suffer physical harm; or
- Does something that puts the child at risk of harm or injury and the child suffers harm.
Fourth-Degree Abuse and Neglect Occurs When a Person:
- Engages in an omission or reckless act causing a child to suffer physical harm, or
- Engages in conduct that puts the child at risk of harm or injury, regardless of whether such resulted.
Abuse and neglect cases can be complicated. But, Lapeer criminal attorney, Mr. Jocuns, does not back down from a challenge. He will examine all aspects to determine a path forward.
What Are the Penalties for Abuse and Neglect in MI?
The potential punishments vary and are connected to the degree of the offense.
Below Are the Maximum Penalties a Michigan Judge Could Impose:
- First-degree abuse and neglect:
- Life or any term of years in prison
- Second-degree abuse and neglect:
- First offense: Not more than 10 years in prison
- Subsequent offense: Not more than 20 years in prison
- Third-degree abuse and neglect:
- First offense: Not more than 2 years in prison
- Subsequent offense: Not more than 4 years in prison
- Fourth-degree abuse and neglect:
- First offense (misdemeanor): Not more than 1 year in jail
- Subsequent offense (felony): Not more than 2 years in prison
Learn about defenses that could be raised in your case by speaking with Lapeer County abuse and neglect attorney Mr. Jocuns.
Call Bernard Anthony Jocuns & Associates Today
Crafting a persuasive legal strategy takes time. After you hire Mr. Jocuns, he will get started on your case right away, analyzing the facts and reviewing the laws to determine how to fight your charge.
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