Injury to a Child
Texas Penal Code §22.04
Overview of Injury to a Child
Texas Penal Code §22.04 makes it a crime to intentionally, knowingly, recklessly, or by criminal negligence cause bodily injury, serious bodily injury, or mental impairment to a child under 15 years old.
These cases are among the most complex and emotionally charged in Texas criminal courts. Allegations often arise from medical reports, school or CPS complaints, or misunderstandings of parental discipline.
Dunham & Jones provides aggressive and compassionate defense for individuals accused of injuring a child. The Sex Crimes Attorneys at Dunham & Jones understand the difference between an accident and a crime and work to protect clients from false or exaggerated allegations.
Legal Definition Under §22.04
A person commits Injury to a Child if they cause:
- Serious Bodily Injury: Injury creating substantial risk of death or permanent disfigurement.
- Bodily Injury: Any physical pain or impairment.
- Serious Mental Deficiency, Impairment, or Injury: Emotional or psychological damage caused by an act or omission.
The statute applies to parents, guardians, babysitters, teachers, and anyone responsible for the child’s care.
Penalties and Classifications
Penalties depend on the level of intent and severity of harm:
| Conduct | Classification | Sentence Range |
|---|---|---|
| Intentional / Knowing – Serious Bodily Injury | First-Degree Felony | 5–99 years or life, up to $10,000 fine |
| Reckless – Serious Bodily Injury | Second-Degree Felony | 2–20 years, up to $10,000 fine |
| Intentional / Knowing – Bodily Injury | Third-Degree Felony | 2–10 years, up to $10,000 fine |
| Criminal Negligence | State Jail Felony | Up to 2 years, up to $10,000 fine |
Convictions may also result in loss of parental rights, CPS oversight, and mandatory counseling or probation.
Common Defenses for Injury to a Child
Dunham & Jones approaches each case with precision and care, exploring all possible defenses, such as:
- Accidental Injury: The harm resulted from an accident or ordinary parental discipline.
- False Allegations: Often emerge from contentious custody battles or CPS misunderstandings.
- Lack of Intent or Knowledge: The prosecution must prove intent beyond a reasonable doubt.
- Medical Misdiagnosis: Some injuries, especially in infants, may have medical causes unrelated to abuse.
- Insufficient Evidence: Lack of credible witnesses or inconsistent testimony.
We work with medical experts and forensic specialists to challenge the prosecution’s version of events.
CPS Investigations and Legal Risks
CPS automatically investigates all child injury allegations, even without criminal charges. During this process:
- Statements can be used against you in court.
- Children may be removed from the home.
- CPS findings can affect custody and employment.
Our firm intervenes early to manage CPS communications, protect clients from self-incrimination, and seek case dismissal when appropriate.
Contact Dunham & Jones Today
Being accused of injuring a child is one of the most serious allegations a parent or caregiver can face. Dunham & Jones understands how to challenge these accusations and protect your family’s future.
Call 800-499-8455 today for a confidential free consultation with our experienced Texas Sex Crimes Attorneys and get the legal protection you deserve.
