Tennessee Child Abuse & Neglect Defense Attorneys

Child Abuse & Neglect Defense in Knoxville and Sevierville Area

Individuals who are charged with child abuse and neglect or aggravated child abuse and neglect face serious consequences including jail time and losing custody of their children. If you have been charged with child abuse and neglect in Tenneessee, you need to contact a skilled criminal defense attorney right away. If you have been falsely accused of child abuse and neglect, it is critical that you seek legal assistance from an attorney immediately. Unless you take immediate action to protect your legal rights and explore your actions, you are looking at serious consequences.

Child Abuse and Neglect in Tennessee

Under Tennessee's criminal child abuse and neglect statute, child abuse requires that: 1) a person knowingly treats a child less than eighteen years of age in such a manner that 2) the child sustains an injury. For purposes of this statute, it is the actual act of treating a child in an abusive manner that must be knowing conduct; a defendant need not know that his or her conduct will result in serious bodily injury.

Child abuse is classified as a Class A misdemeanor, which carries a prison sentence of no more than a year and/or a $2,500 fine. However, if the child is of age 6 or less year, then crime is classified as a Class D felony. A Class D felony carries a sentence between two and 12 years and no more than a $5,000 fine.

Child neglect, on the other hand requires proof of three material elements: 1) that a person knowingly neglected a child, 2) that the child's age is within the applicable range set forth in the statute, and 3) that the neglect adversely affected the child's health and welfare. As to element two, courts have ruled that actions negatively affecting a fetus do not constitute child neglect, such as when a pregnant woman ingests crack-cocaine.

Child neglect is a Class A misdemeanor, unless the child is age six or less. If the child is age six or less, the penalty is a Class E felony, which carries a prison sentence between one and six years and no more than a $3,000 fine.

Aggravated Child Abuse, Child Neglect or Endangerment

According to T.C.A. § 39-15-402, a person commits the offense of aggravated child abuse, or aggravated child neglect or endangerment when either:

• The act of abuse or neglect results in serious bodily injury to the child; or
• The act of neglect or endangerment results in serious bodily injury to the child; or
• A deadly weapon, dangerous instrument or controlled substance is used to accomplish the act of abuse, neglect or endangerment; or
• The act of abuse, neglect or endangerment was particularly heinous, atrocious or cruel or involved the infliction of torture to the victim.

As of July 1, 2009, the Tennessee Legislature revised the aggravated child abuse statute to define certain terms. Under the new amendment, "serious bodily injury to the child"—as distinguished from a mere "injury"—includes, but is not limited to, second or third degree burns, a fracture of any bone, a concussion, subdural or subarachnoid bleeding, retinal hemorrhage, cerebral edema, brain contusion, injuries to the skin that involve severe bruising or the likelihood of permanent or protracted disfigurement including those sustained by whipping children with objects. A "dangerous instrumentality" under the amendment is any item that in the manner of its use or intended use as applied to a child is capable of producing serious bodily injury to a child.

Aggravated child abuse, neglect and endangerment are classified as Class B felonies. A Class B felony carries a prison sentence between eight and 30 years and no more than a $25,000 fine. However, if the abused, neglected or endangered child is eight years of age or less, or is vulnerable because the victim is mentally defective, mentally incapacitated or suffers from a physical disability, the penalty is a Class A felony. Class A felony carries a prison sentence between 15 and 60 years and no more than a $50,000 fine.

Defending Your Rights Under the Law

If you have been accused of child abuse and neglect or aggravated child abuse or neglect, please call an experienced and skilled Tennessee criminal defense lawyer. Call Baker Associates today for a free and confidential consultation.

Complete the form below if you have been charged with child abuse or neglect. An attorney at our office near Knoxville and Pigeon Forge will contact you soon.

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Knox County
2126 First Tennessee Plaza
800 South Gay Street
Knoxville, Tennessee 37929
Phone: 865-521-0001

Sevier County
121 Court Avenue
Sevierville, Tennessee 37862
Phone: 865-428-2888

Washington County
300 East Main Street
Johnson City, Tennessee 37601