Child Abuse, First Degree, What a prosecutor has to prove

undefinedChild Abuse, First Degree

If a defendant is facing the charge of first-degree child abuse in Michigan, it is the burden of the prosecutor to prove each of the following conditions without a reasonable doubt:

To begin, the prosecutor must prove that the defendant is the parent or guardian of the child that has been allegedly abused; or, that the defendant was in custody of the child at the time the abuse occurred, regardless of the duration of time the child was cared for by, in custody of, or under the authority of that person.

Next, is the prosecutor’s duty to prove that the defendant knowingly or intentionally harmed the child in a physical and serious manner.

Serious physical home means any physical injury to a child that seriously impairs the child’s health  or physical well-being. This includes, but its not limited to brain damage, a skull or bone fracture, subdural hemorrhage or hematoma, dislocation, sprain, internal injury, poisoning, burn or scald, or a severe cut.

Serious mental harm means an injury to a child’s mental condition to the point that a visible sign of impairment in the child’s judgement or behavior is revealed.

Lastly, the prosecutor must prove that the child was under the age of 18 when the abuse occurred.

The Law Office of Brian J. Prain, PLLC is a Michigan criminal defense law practice that distinguishes itself from the crowd with its commitment to uncovering and exposing the crucial details in your assault, assault and battery, or domestic violence case that other Michigan criminal defense lawyers either completely miss or simply believe unimportant.  Contact us immediately at (248) 731-4543 for a free case evaluation.

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