Colorado Springs Child Abuse Defense Lawyer
Colorado Springs Child Abuse Defense
On This Page
- Accused of Child Abuse in Colorado Springs?
- How Colorado Defines Child Abuse
- Child Abuse Penalties
- How Child Abuse Cases Usually Arise
- The Criminal Case and the Human Services Case
- How Child Abuse Cases Are Investigated
- Contact With Your Children During the Case
- How a Child Abuse Case Moves Through Court
- How Child Abuse Charges Are Defended
- Consequences Beyond the Sentence
- Working With a Colorado Springs Child Abuse Defense Lawyer
- Frequently Asked Questions
- Sources
Accused of Child Abuse in Colorado Springs?
Few accusations carry the weight of child abuse. A single report from a school, a doctor, a neighbor, or a former partner can lead to a criminal investigation, a separate case with the county department of human services, and orders that keep a parent away from their own children, all before any court has heard the evidence.
Colorado's child abuse statute is broad. It covers deliberate harm, but it also covers reckless and negligent situations, such as leaving a child unattended, a household accident, a discipline incident, or allowing a child to be in an unsafe environment. Many of the people charged are loving parents and caregivers facing an accusation that does not reflect who they are.
This page explains how Colorado defines child abuse, the penalties at each level, the relationship between the criminal case and the human services case, and how child abuse charges are defended in El Paso County and the surrounding counties.
What to Do If You Are Under Investigation
- Do not give a statement to police or caseworkers without legal advice. Caseworker interviews can be shared with law enforcement.
- Follow every order about contact with the child, even if you believe it is unfair.
- Do not discuss the case with the child or coach them about what to say. It can be treated as witness tampering.
- Preserve records, including medical records, photos, messages, and school records.
- Write down a timeline of the events for your lawyer only.
How Colorado Defines Child Abuse
Under C.R.S. 18-6-401, a person commits child abuse by doing any of the following to a child under 16:
- causing an injury to the child's life or health;
- permitting the child to be unreasonably placed in a situation that poses a threat of injury to the child's life or health; or
- engaging in a continued pattern of conduct that results in malnourishment, lack of proper medical care, cruel punishment, mistreatment, or an accumulation of injuries that ultimately results in death or serious bodily injury.
The statute also covers manufacturing or attempting to manufacture controlled substances where a child is present or lives, and knowingly allowing a child to be where methamphetamine is being manufactured. Those drug-related forms of child abuse are class 3 felonies.
Mental State
Child abuse can be committed knowingly, recklessly, or with criminal negligence. Criminal negligence means failing to perceive a substantial and unjustifiable risk, in a way that is a gross deviation from what a reasonable person would do. Because negligence is enough for some forms of the offense, people who never intended any harm can face charges.
Child Abuse Penalties
The classification depends on the mental state and the result:
| Result | Knowingly or Recklessly | Criminal Negligence |
|---|---|---|
| Death of the child | Class 2 felony | Class 3 felony |
| Serious bodily injury | Class 3 felony | Class 4 felony |
| Any other injury | Class 1 misdemeanor | Class 2 misdemeanor |
| No injury | Class 2 misdemeanor | Class 2 misdemeanor |
A misdemeanor child abuse charge becomes a class 5 felony when the person has a prior child abuse conviction and the case involves certain aggravating conduct, such as cruel punishment, unreasonable isolation or confinement, repeated threats of harm made in the child's presence, a pattern of domestic violence in the child's presence, or extreme deprivation of hygiene or sanitary conditions.
Felony child abuse is an extraordinary risk crime, which raises the top of the presumptive sentencing range. Knowingly causing the death of a child under 12 by a person in a position of trust is charged as first-degree murder.
Sentence Ranges
- Class 2 felony: 8 to 24 years in prison
- Class 3 felony: 4 to 12 years in prison, with a higher maximum for extraordinary risk crimes
- Class 4 felony: 2 to 6 years in prison, with a higher maximum for extraordinary risk crimes
- Class 1 misdemeanor: up to 364 days in jail and a fine of up to $1,000
- Class 2 misdemeanor: up to 120 days in jail and a fine of up to $750
The statute allows deferred prosecution for a first offense in some cases, and misdemeanor cases are often resolved with parenting classes, treatment, and probation.
How Child Abuse Cases Usually Arise
- Physical discipline. Spanking or other discipline that leaves a mark can lead to a report from school or a medical provider.
- Unexplained injuries in infants. Fractures, bruising, or head injuries in babies often lead to investigations, sometimes based on medical opinions that are later disputed.
- Children left unattended in a car, at home, or in a public place.
- Driving impaired with a child in the vehicle, which can lead to child abuse charges along with DUI.
- Drugs in the home, including accessible drugs, drug use around children, or drug manufacturing.
- Domestic violence incidents that occur in a child's presence.
- Custody disputes, where allegations sometimes arise during contested parenting time cases.
- Home conditions, including unsanitary or unsafe living conditions.
The Criminal Case and the Human Services Case
Most child abuse allegations lead to two separate cases:
- The criminal case, prosecuted by the District Attorney, which can result in a conviction and a sentence.
- The human services case, handled by the El Paso County Department of Human Services or the human services department in your county. It can include a safety plan, a founded finding in the state's child abuse records system, and in some cases a dependency and neglect case in juvenile court that can affect custody.
These cases move on different timelines and use different standards. Statements made in the human services case, including to caseworkers and in family service plans, can be used in the criminal case. A safety plan that seems voluntary may affect your ability to live with your children for months.
A founded finding in the state's records can affect employment in childcare, education, and healthcare, and there are procedures to appeal it. Coordinating the criminal defense with the human services case is often essential.
How Child Abuse Cases Are Investigated
- Mandatory reports. Teachers, doctors, nurses, counselors, and many other professionals must report suspected abuse. Reports often begin investigations even when the facts are unclear.
- Forensic interviews. Children are often interviewed at a child advocacy center, such as Safe Passage in Colorado Springs. How those interviews are conducted can affect the reliability of what the child says.
- Medical evaluations. Child abuse pediatricians may examine the child and give opinions about the cause of injuries. Those opinions can be challenged by other medical professionals.
- Home visits and records. Investigators may review school, medical, and prior human services records.
- Interviews of parents. Police and caseworkers often try to interview parents early, sometimes together.
Contact With Your Children During the Case
For most parents, the most urgent question is when they can see their children again. Several orders can limit contact at the same time:
- The criminal protection order, issued at the first appearance, which may bar all contact with the child or allow only supervised contact.
- A human services safety plan, which may ask a parent to leave the home or have contact only under supervision.
- Juvenile court orders in a dependency and neglect case, which can address placement, visitation, and a treatment plan.
- Family court orders in a divorce or custody case.
Each of these can be modified, but only by the agency or court that issued it. A lawyer can ask the criminal court to modify the protection order, often starting with supervised visits through a professional or family member, and work with the human services case to show that the child will be safe.
Deferred Prosecution and Treatment
The child abuse statute allows deferred prosecution for a first offense in some cases. Under that arrangement, the case is set aside while the person completes conditions such as parenting classes, counseling, or substance use treatment, and it is dismissed if the conditions are met. Deferred judgments and plea agreements to lesser charges are other common resolutions, particularly in misdemeanor cases involving discipline or supervision.
How a Child Abuse Case Moves Through Court
Misdemeanor child abuse cases in El Paso County are heard in El Paso County Court, and felony cases in El Paso County District Court, both at 270 S. Tejon Street. Teller County cases are heard at the Teller County Combined Court in Cripple Creek. We also handle child abuse cases in Pueblo County and Fremont County.
- Arrest or summons. The court issues a protection order that may bar contact with the child and other witnesses.
- Modifying contact. A lawyer can ask the court to modify the protection order to allow supervised or unsupervised contact.
- Preliminary hearing. In felony cases, the defense can often test the evidence at a preliminary hearing.
- Discovery and investigation. The defense obtains medical records, forensic interview recordings, and human services records.
- Negotiation and motions. Cases may be resolved through deferred prosecution, a deferred judgment, or reduced charges.
- Trial. If the case does not resolve, a jury decides whether the prosecution has proven every element beyond a reasonable doubt.
How Child Abuse Charges Are Defended
No lawyer can promise a particular result, but these are the issues that come up most often.
Accidental Injury and Medical Explanations
Children are injured in ordinary accidents every day. Some medical conditions, including bone disorders and blood clotting problems, can cause injuries that resemble abuse. An independent medical review can provide another explanation.
Reasonable Discipline
Colorado law allows parents to use reasonable and appropriate physical force to discipline a child. Whether discipline crossed the line into abuse depends on the circumstances, the force used, and any injury.
Mental State
The level of the charge depends on whether the conduct was knowing, reckless, or criminally negligent. Showing that a parent did not perceive a risk, or that the risk was not substantial and unjustifiable, can reduce or defeat the charge.
Reliability of Statements
Young children can be influenced by suggestive questioning, by other adults, or by conflict between parents. The recording of the forensic interview, and the circumstances before it, are closely reviewed.
Who Caused the Injury
When several adults cared for a child, the prosecution must prove who caused an injury and when. Timelines and medical evidence about when an injury occurred are often central.
Consequences Beyond the Sentence
- Custody and parenting time. A child abuse case can affect custody, parenting time, and decision-making in family court.
- Employment. Convictions and founded human services findings can bar work in childcare, education, healthcare, and coaching.
- Firearms. A felony conviction ends firearm rights, and domestic violence designations can bring federal restrictions.
- Military members. Service members at Fort Carson, Peterson and Schriever Space Force Bases, and the Air Force Academy can face command action and Family Advocacy Program involvement.
- Your record. Child abuse convictions generally cannot be sealed in Colorado, which makes the way a case is resolved especially important. See our record sealing page.
Working With a Colorado Springs Child Abuse Defense Lawyer
Attorney Michael W. Moran has been licensed to practice law in Colorado since 1995 and is a former municipal court judge. He represents parents and caregivers accused of child abuse, as well as related domestic violence and assault charges, in El Paso, Teller, Pueblo, and Fremont counties.
A first meeting covers the allegation, any contact with police or caseworkers, the human services case, protection orders affecting your children, and the realistic outcomes.
Criminal Defense Colorado Springs, P.C. offers free, confidential consultations.
Frequently Asked Questions
Is child abuse a felony in Colorado?
It can be. Child abuse resulting in serious bodily injury or death is a felony. Child abuse with a lesser injury or no injury is usually a misdemeanor, unless the person has a prior conviction and certain aggravating conduct is involved.
Is spanking child abuse in Colorado?
Colorado allows reasonable and appropriate physical discipline. Discipline that causes injury, or that is excessive under the circumstances, can be charged as child abuse.
Can I be charged if my child was hurt in an accident?
A true accident is not child abuse. Charges can arise when prosecutors believe a parent acted with criminal negligence, such as failing to perceive an obvious and serious risk. The facts of the situation are critical.
Should I talk to the caseworker from human services?
Get legal advice first. Statements to caseworkers can be shared with police and used in a criminal case, even when the caseworker's focus is on child safety.
Can I see my children while the case is pending?
That depends on the protection order and any human services safety plan. A lawyer can ask the court to modify the order to allow contact, often with supervision at first.
Can a child abuse conviction be sealed?
Generally, no. Child abuse convictions are excluded from sealing in Colorado. A dismissed case or a completed deferred judgment can usually be sealed.
Will human services take my children?
Removal of a child from the home is not automatic. Many cases are handled through a safety plan or in-home services. Removal requires a court process, and parents have the right to a lawyer in a dependency and neglect case.
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