Legal Question in Criminal Law in Texas

Can my brother be charge with aggrevated assault in TDCJ here in Texas on a injury to a child case if he was not intentionally trying to harm his son?


Asked on 11/09/09, 1:37 am

1 Answer from Attorneys

Keith Engelke Law Office of S. Keith Engelke

Yes. An offense occurs if the defendant intentionally, or knowingly, or recklessly, or with criminal negligence acts to injure a child or

by ommission that occurs intentionally, knowingly, or recklessly causes injury to a child.

So, for example, is someone does not intend to injure a child but forgets to feed the child, or allows the child to play in the middle of the highway and injury occurs, he or she can be charged with that offense.

Also even in none of these mental elements are clear, police and prosecutors are free to charge them. While they are not mind readers, no one else is either.

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Answered on 11/14/09, 11:28 am


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