Enabling Child Neglect (Causing or Procuring)- Tulsa Trial Attorneys
Client Reviews From Enabling Child Neglect (Causing or Procuring) Cases
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Time is of the Essence When Picking the Best Tulsa Criminal Defense Attorney:
First and foremost, call us right away at 918-884-7791. Whenever you get arrested on such a serious charge, time is of the essence. Anyone arrested has certain constitutional rights that attach at the time of arrest that need to be asserted right away to protect you, your friend or family member. The police and the DA will be doing everything in their power to gather incriminating evidence. Just like the police, you should have a team gathering evidence and statements from Day 1.
DON’T TALK AND DON’T GIVE A STATEMENT.
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Enabling Child Neglect - Definition
"Enabling child neglect" means the causing, procuring or permitting of a willful or malicious act of child neglect, as defined by paragraph 47 of Section 1-1-105 of Title 10A of the Oklahoma Statutes, of a child under eighteen (18) years of age by another. 21 O.S. 843.5(D)
Enabling Child Neglect (Causing or Procuring)
Any parent or other person who shall willfully or maliciously engage in enabling child neglect shall, upon conviction, be punished by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail for a maximum of one (1) year, or by a minimum fine of Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. 21 O.S. 843.5(D)
Enabling Child Neglect (Causing or Procuring) - Elements
No person may be convicted of enabling the neglect of a child unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously caused/procured
(2) a willful / malicious failure / omission by a person responsible for a child’s health, safety or welfare
(3) to provide (adequate (nurture and affection) / food/clothing/shelter / sanitation / hygiene) / (appropriate education) / ((medical / dental / (behavioral health) care) / supervision/(appropriate caretakers) / (special care made necessary by the physical/mental condition of the child)
(4) for a child under the age of eighteen.
OR
(2) a willful/malicious failure / omission by a person responsible for a child’s health, safety or welfare
(3) to protect a child under the age of eighteen from exposure to
(4) (the use / possession/sale / manufacture of illegal drugs) / (illegal activities) / (sexual acts or materials that are not age-appropriate)
OR
(2) willful/malicious abandonment by a person responsible for a child’s health, safety or welfare
(3) of a child under the age of eighteen. OUJI-CR 4-38
Charged with Child Abuse in Oklahoma
Child Abuse and other child related offenses, are only second to murder as the most serious crimes that a person can be charged with. Not only do you face the potential of serious prison time, but you also may lose the rights to continue being your child’s parent.
Unfortunately, when it comes to allegations of a crime against a child, many people have a tendency to see the accused person as guilty until proven innocent. This is the opposite of how it should be. It can quickly turn into a witch-hunt without the proper legal representation. This can be very frustrating and you will want to protest. The danger is that even your words of protest and your attempts to explain may be twisted and used against you. Most times DHS will become involved and you have to fight on two fronts. You must be very very careful.
Don’t settle for hiring an attorney, hire a team. Make sure you hire a firm that has experience in both serious criminal felony litigation and DHS juvenile cases. Let an experienced team of attorneys help guide you through this scary time. Make sure that your attorney is experienced, aggressive, and compassionate.
CALL TODAY FOR YOUR FREE CONSULTATION - 918-884-7791
Child Abuse - Definition
Harm or threatened harm to a child’s health, safety or welfare by a person responsible for the child. This includes non-accidental physical or mental injury, sexual abuse, or neglect.
Child Abuse - Punishment
Any parent or other person who shall willfully or maliciously engage in child abuse shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections not exceeding life imprisonment, or by imprisonment in a county jail not exceeding one (1) year, or by a fine of not less than Five Hundred Dollars ($500.00) nor more than Five Thousand Dollars ($5,000.00), or both such fine and imprisonment. As used in this subsection, "child abuse" means the willful or malicious harm or threatened harm or failure to protect from harm or threatened harm to the health, safety, or welfare of a child under eighteen (18) years of age by another, or the act of willfully or maliciously injuring, torturing or maiming a child under eighteen (18) years of age by another. 21 O.S. 843.5(1)
Child Abuse - Elements
No person may be convicted of child abuse unless the State has proved beyond a reasonable doubt each element of the crime. These elements are:
(1) a person willfully / maliciously
(2) harmed / (threatened harm to) the health, safety, or welfare
(3) of a child under the age of eighteen
OR
(1) a person responsible for a child's health, safety, or welfare
(2) willfully / maliciously
(3) failed to protect from harm / (threatened harm) to the health, safety, or welfare
(4) of a child under the age of eighteen. OUJI-CR 4-35
Crimes against Children (non-sexual)
Child Neglect
Enabling Child Neglect (Causing or Procuring)
Sex Crimes against Children
Crimes Against Children FAQs
What is considered ordinary force for a parent for discipline?
Can prayer be a defense?
Enabling Child Neglect (Causing or Procuring) Litigation Expertise
Child Abuse charges in Oklahoma require an aggressive defense. No matter which child offense charges you face, it is important to have an attorney who will help you navigate the complex judicial system and provide you with a clear understanding of the charges you face. When defending child crime charges, it is necessary to obtain experienced, aggressive, and compassionate representation that understands and DHS Juvenile implications. The smallest detail or piece of evidence can make all the difference. The longer you wait to hire a Criminal Defense and Juvenile attorney the greater the stress and the greater the advantage to the prosecution.