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?
1 Answer from Attorneys
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.
Related Questions & Answers
-
In Texas is it possible to get a non-disclosure for a class A misdemeanor conviction... Asked 11/06/09, 7:37 pm in United States Texas Criminal Law
-
If i have been charged with three crimes, do they have to have their own criminal... Asked 11/06/09, 3:04 pm in United States Texas Criminal Law
-
I lend my van to my daughter-in-law to finish school and the only one driving it to... Asked 11/06/09, 12:56 pm in United States Texas Criminal Law
-
My son (18) was called by a Harris County Constable who identified himself as a... Asked 11/05/09, 10:47 am in United States Texas Criminal Law
-
If my brother was on a 5yr probation, and violated by getting arrested, but the... Asked 11/05/09, 8:58 am in United States Texas Criminal Law