The charge level depends on whether the injury was intentional, reckless, or negligent, and on how severe it was. The same statute covers a discipline dispute and a serious abuse case.
This charge covers an enormous range, from a parent disciplining a child to genuinely serious abuse of a dependent adult.
One case handled by the firm involved a father who used a belt on his son, left a welt on the boy's upper leg, and was charged with a felony for it. At the other end of the same statute are caregivers accused of abusing elderly patients. What determines the level of the charge is whether the injury was intentional, the result of recklessness, or the result of negligence, and how severe the injury was.
Barrera Defense examines the injury evidence, the mental state the state is alleging, and whether the conduct falls within a recognized defense.
Citation: Texas Penal Code §22.04
Degree and classification
Statutory language: A person commits an offense if they intentionally, knowingly, recklessly, or with criminal negligence cause a child, elderly individual, or disabled individual serious bodily injury, serious mental impairment, or bodily injury.
Past results do not guarantee or predict a similar outcome in any future case. Every case is decided on its own facts.