These charges can escalate into convictions with long prison sentences, and you must be prepared to defend yourself. A qualified child abuse lawyer could assist you in building an effective defense. The skilled domestic violence defense attorneys at Nguyen Roche Sutton could gather evidence, dismantle the prosecution’s arguments, and help you avoid unfair penalties.
In Maryland, a person can be charged with child abuse based on several types of actions.
Physical abuse involves intentionally causing physical harm to a child. Visible injuries often lead to these charges, but non-visible harm may also qualify.
Emotional abuse refers to repeated verbal assaults, humiliation, threats, or other behavior that severely affects a child’s mental health.
Sexual abuse charges include any sexual contact or conduct involving a minor, such as inappropriate touching or exposing a child to sexual material.
Failing to provide for a child’s basic needs, such as food, shelter, supervision, or medical care, constitutes neglect.
A child abuse and neglect lawyer in Owings Mills could investigate your case and start building a strong defense strategy to protect your rights.
Potential penalties for child abuse depend on the circumstances of the specific case. Different degrees of abuse include:
First-degree child abuse occurs when the actions of a person responsible for the minor, such as a parent, guardian, family member, or household member, result in severe physical injury or death. Severe physical injury refers to injuries that create a substantial risk of death or cause permanent damage to a child.
This crime is a felony and can carry up to 25 years in prison. If a child of 13 years of age or older dies, the sentence can increase to 40 years in prison. If a child younger than 13 dies, the offender may face life in prison.
Second-degree child abuse applies when a caretaker causes physical injury to a minor through cruel or malicious acts. This charge is also a felony and comes with up to 15 years in prison. If the offender has a previous conviction, the sentence may increase to 25 years.
An experienced child abuse lawyer in Owings Mills could evaluate your situation to determine what charges you may be accused of and the penalties you can expect to face as a result.
Child abuse charges do not always lead to a conviction. An Owings Mills child abuse attorney could form a strong defense that reduces the charges against you or removes them entirely. Some of the most common types of defenses include:
Depending on the case, your attorney could use one or more approaches to help you avoid maximum penalties.
Under Maryland law, child abuse is defined as physical injury sustained by a minor (under 18) resulting from cruel or inhumane treatment or a malicious act. It also includes sexual abuse, emotional abuse, and neglect. The law specifically targets parents, household members, or individuals with temporary or permanent custody and supervision of the child.
First-degree child abuse involves conduct that results in the death of a minor or causes “severe physical injury,” such as brain trauma, starvation, or permanent disfigurement. Second-degree child abuse is more common and involves physical injury that harms or threatens the child’s welfare but does not meet the “severe” threshold defined for first-degree charges.
First-degree child abuse is a felony. If the abuse results in severe physical injury, the maximum penalty is 25 years in prison. If the abuse results in the death of a child aged 13 or older, the penalty is up to 40 years. For a child under 13, the maximum penalty is life imprisonment.
Second-degree child abuse is also classified as a felony in Maryland. A conviction carries a maximum penalty of 15 years in prison for a first-time offender. However, if the individual has a prior conviction for child abuse, the maximum sentence increases to 25 years. These cases are often prosecuted alongside secondary charges like second-degree assault.
Neglect involves the failure of a caregiver to provide proper care, such as food, clothing, shelter, or supervision, under circumstances that harm the child’s welfare. In Maryland, neglect of a minor is a misdemeanor punishable by up to five years in prison and/or a $5,000 fine. Poverty-driven neglect is generally excluded from criminal prosecution.
Maryland law allows parents to use “reasonable force” for discipline. However, discipline becomes illegal child abuse if it is cruel, inhumane, or results in physical injury. Judges and juries determine “reasonableness” by looking at the child’s age, the severity of the marks or injuries left behind, and the nature of the object used for punishment.
Mandated reporters include health practitioners, educators, human service workers, and police officers. These professionals are legally required to report suspected abuse or neglect to Child Protective Services (CPS) or law enforcement. Failure to report when one has actual knowledge of abuse is a misdemeanor and can result in fines, imprisonment, and loss of professional licensing.
Once a report is filed, Child Protective Services or law enforcement must begin an investigation within 24 hours for physical/sexual abuse or five days for neglect. Investigators will interview the child and caregivers to assess immediate safety. If “probable cause” exists, the accused may be arrested, and the child may be placed in “shelter care.”
CINA stands for “Child in Need of Assistance.” It is a civil court process, separate from criminal charges, where the state determines if a child requires court intervention because of abuse or neglect. The court decides whether the child can remain at home, requires social service supervision, or must be placed in foster care or with relatives.
Yes. There is no specific type of evidence required to prove abuse in Maryland. While physical evidence like photographs or medical records is common, a conviction can be based on the testimony of the child if the trier of fact finds it credible beyond a reasonable doubt. Defense attorneys often challenge the reliability or consistency of such statements.
Common defenses include:
If an investigation results in an “indicated” finding (credible evidence of abuse), the individual’s name is placed on the Maryland Central Registry. While not a criminal record, this can impact employment in childcare or education. Individuals have the right to challenge these findings through an administrative appeal process to have their names removed.
If you were charged with child abuse, you could be facing severe punishment. To protect your rights, work with an experienced child abuse lawyer. An attorney could leverage multiple defense strategies to help you avoid unfair penalties.
At Nguyen Roche Sutton, we bring decades of combined experience in criminal law to help you defend your rights. Contact us today to schedule a consultation.
Owings Mills
500 Redland Ct,, Ste. 212
Owings Mills, MD 21117
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
Baltimore
6 E. Eager Street
Baltimore, MD 21202
Maps & Directions
Phone: (443) 238-0160
(By appointment only)
