Nevada law does not state that a child must be physically struck or
verbally assailed in order for
child abuse to have occurred. In many situations, the charges are brought against
parents who inadvertently neglected or endangered their child through
their actions, or lack thereof.
The prosecution will need to prove that the neglect or endangerment was
willful. If it was not willful, it must be so egregious that the parent
or parents should have reasonably known that their child was being neglected
or placed into a dangerous situation that could produce serious bodily
harm. Proving someone’s willfulness to do or not do something is
a largely subjective argument, meaning the prosecution can pull from all
sorts of speculations to try to get a conviction. On the other hand, it
also means that a good defense attorney can do much of the same, only
in the defense of a parent that might be facing fines, jail time, or the
loss of their child custody rights.
Child Neglect & Endangerment Defense
A common form of defense for accused parents is “no harm, no foul.”
Did the event in question actually lead to serious physical injury or
have the potential to mentally traumatize the child? If not, the charges
may be seen as completely excessive. Every parent will admit they have
made mistakes raising their children, lost track of them in a busy mall,
fed them an unhealthy dinner due to time restraints, and so on and so
forth. If a single incident of danger or possible neglect was truly criminal,
there’d be no parents without criminal records.
A parent could also be defended if there is ample evidence to show that
they had done their best to care for and protect their child, even if
serious consequences did occur. A parent that buys their children helmets
and protective gear, for example, might not be found negligent if their
child is hurt while riding a dirt bike. So much of parenting comes down
to best intentions, more than the actual outcome, and neglect or endangerment
cases should not be an exception.
If you have been accused of endangering or criminally neglecting your child,
you need to act fast so you do not lose the right to raise and see them. Call
702.866.9864 today to connect with the Law Office of David R. Fischer and tell our
Las Vegas criminal defense lawyer what is going on. You can also use an
online form to schedule a
free case evaluation.