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Child Abuse, Neglect & Endangerment: Not All Abuse Is Violent

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.

Call the Law Office of David R. Fischer Today!

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.

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