Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-3623 "Child Abuse/ Vulnerable Adult Abuse" falls in two (2) major categories. A "child" is any individual under 18 years of age, and a "vulnerable adult" is any individual who is over 18 years of age who is unable to protect himself from abuse, neglect or exploitation by others because of a mental or physical impairment.
"Category 1" cases involve situations in which a person abuses a child or vulnerable adult (or allows the abuse to occur) or causes a child or vulnerable adult to be placed in a situation where their life and health is endangered, can be guilty of three (3) different crimes as follows:
To "recklessly" cause injury, the risk must be of such a nature and degree that disregard of such risks constitutes a gross deviation from the standard and conduct that a reasonable person would observe the situation. For an act to be done with "criminal negligence", then with respect to the result, or to a circumstance, a person fails to perceive a substantial and justifiable risk that the result will occur that the circumstance exists. The risk must be of such nature and degree that failure to perceive it constitutes a gross deviation from the standard of carethat a reasonable person would observe in the situation.
"Category 2" cases involve situations in which the circumstances were not likely to produce death or serious physical injury, however, the child or vulnerable adult would (or did) suffer physical injury or abuse. The person who committed the abuse, or who allowed the abuse to occur, can be charged with the following offenses:
If the Child Abuse is a class two (2) felony (i.e., the most serious of the cases outlined) then a "Dangerous Crime Against Children" (DCAC) has occurred. For a first offense, an individual can be sentenced to thirteen (13) years minimum in prison; twenty (20) years presumptive; and twenty-seven (27) years maximum of incarceration if the case involves Second Degree Murder, Sexual Assault, Taking the Child for Purposes of Prostitution, Child Prostitution, or Sexual Conduct with a Minor. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is twenty-three (23) years minimum; thirty (30) years presumptive; and thirty-seven (37) years maximum of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is "life" in prison.
["Click Here" If Your Case Involves Allegations of Sexual Conduct with a Minor].
If the case is a first offense and involves Aggravated Assault, Molestation of a Child, Commercial Sexual Exploitation of a Minor, Sexual Exploitation of a Minor, simple Child Abuse or Kidnapping, then the range of prison is ten (10) years in prison; seventeen (17) years presumptive; and twenty-four (24) years maximum. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is twenty-one (21) years minimum; twenty-eight (28) years presumptive; and thirty-five (35) years maximum of incarceration. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is "life" in prison.
["Click Here" If Your Case Involves Allegations of Child Molestation].
["Click Here" If Your Case Involves Allegations of Sexual Exploitation of a Minor / Child Pornography].
["Click Here" If Your Case Involves Allegations of Kidnapping].
The key to defending a charge of Child Abuse / Vulnerable Adult Abuse is to demonstrate first and foremost that any alleged abuse was not done "intentionally" or "knowingly" and remove them from the most serious punishment range (i.e., "Lack of Intent" or "Lack of Knowledge").
The vast majority of cases are charged under the "recklessness" and "negligence" standards. The key is demonstrating that a person was not "reckless" and that their conduct was not a "gross deviation" from the standard that a reasonable person would observe in this situation. In regards to "negligence", it must be shown that the person's care was not a "gross deviation" from the standard that a reasonable person would observe in this situation. For example, if you are at the park and your child is playing on the jungle gym, and happens to fall off and break their arm, most people would agree that you have not engaged in a "gross deviation" from the standard of conduct or standard of care that a reasonable person would observe in that situation. The same applies to other household injuries. A mother or father cannot be expected to be next to their child 24 hours a day. Sometimes children are playing and they just accidentally injury themselves (this happens every day).
False allegations of Child Abuse that are brought forward by a soon-to-be-ex-spouse, or an ex-spouse while involved in a custody battle are much more serious. At the Law Offices of David Michael Cantor, P.C., we handle a very high percentage of the "Sex Crimes" cases involving private counsel in the State of Arizona. We have one of the largest libraries with research materials devoted to challenging accusations involving sex crimes. In addition, our attorneys have attended numerous seminars sponsored by the National Child Abuse Defense and Resource Center (the leading center in the United States which assists in the defense of the falsely accused). Our attorneys have been highly trained in the clinical and forensic interviewing techniques of children and their families. This allows us to properly question Detectives and other mental health professionals who may have initially interviewed the alleged victim. If the interviewing process was not done correctly, it can often be shown that the Detective "lead" the alleged victim into giving the necessary answers required to charge the Defendant.
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
If your case involves Accident & Injury, Family & Divorce or Motorcycle Injury please visit our companion firm: Cantor Simon Law Group - www.cantorsimonlawgroup.com/
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