While a simple assault will usually result in misdemeanor charges in Texas, alleged assaults against victims that were children, elderly individuals, or disabled individuals can be felony offenses. Certain other factors can be important in these cases.
For example, the alleged offender’s culpable mental state and the severity of the injuries caused will both be considered in the filing of criminal charges. People who are accused of these types of crimes are often aggressively prosecuted because injuries to these protected groups are largely viewed as unforgivable crimes that deserve severe punishment.
Were you or your loved one arrested for allegedly causing injury to a child, elderly individual, or disabled person in the Fort Worth area? Do not speak to the police without an attorney.
Let the Law Offices of Richard C. McConathy deal with authorities for you. Our firm can provide an honest and thorough evaluation of your case when you call (817) 422-5350 or contact us online to set up a consultation.
A person commits an injury to a child, elderly individual, or disabled individual under Texas Penal Code § 22.04(a) if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. Texas Penal Code § 22.04(c)(1) defines a child as a person 14 years of age or younger and an elderly individual is defined under Texas Penal Code § 22.04(c)(2) as a person 65 years of age or older.
Texas Penal Code § 22.04(c)(3)(B) defines a disabled individual as a person “who otherwise by reason of age or physical or mental disease, defect, or injury is substantially unable to protect the person’s self from harm or to provide food, shelter, or medical care for the person’s self.” Under Texas Penal Code § 22.04(c)(3)(A), a disabled individual is also defined as a person with one or more of the following:
Mental Illness, Texas Health, and Safety Code § 571.003 — An illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that substantially impairs a person’s thought, perception of reality, emotional process, or judgment, or grossly impairs behavior as demonstrated by recent disturbing behavior.
Autism Spectrum Disorder, Texas Insurance Code § 1355.001 — A neurobiological disorder that includes autism, Asperger’s syndrome, or Pervasive Developmental Disorder.
Traumatic Brain Injury, Texas Health, and Safety Code § 92.001 — An acquired injury to the brain, including brain injuries caused by anoxia due to near-drowning. The term does not include brain dysfunction caused by congenital or degenerative disorders or birth trauma.
Texas Penal Code § 1.07(8) defines bodily injury as “physical pain, illness, or any impairment of physical condition.” A serious bodily injury is defined under Texas Penal Code § 1.07(46) as “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
An owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility commits an injury to a child, elderly individual, or disabled individual under Texas Penal Code § 22.04(a-1) if they cause a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual. An omission causing a serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury to a child, elderly individual, or disabled individual is conduct constituting the crime of injury to a child, elderly individual, or disabled individual under Texas Penal Code § 22.04(b) if the alleged offender had a legal or statutory duty to act or had assumed care, custody, or control of a child, elderly individual, or disabled individual.
The phrase culpable mental state refers to an alleged offender’s criminal intent and is very important in injury to a child, elderly person, or disabled person cases. Texas Penal Code § 6.03 classifies culpable mental states according to relative degrees from highest to lowest as follows:
If an alleged offender recklessly causes bodily injury to a child, elderly individual, or disabled individual or causes serious bodily injury, serious mental deficiency, impairment, or injury, or bodily injury as the result of criminal negligence, injury to a child, elderly individual, or disabled individual is a state jail felony. A conviction is punishable by up to two years in state jail and/or a fine of up to $10,000.
If an alleged offender intentionally or knowingly causes bodily injury to a child, elderly individual, or disabled individual, injury to a child, elderly individual, or disabled individual is a third-degree felony. A conviction is punishable by up to 10 years in prison and/or a fine of up to $10,000.
An alleged offender recklessly causes serious bodily injury or serious mental deficiency, impairment, or injury to a child, elderly individual, or disabled individual, or the alleged victim was a disabled individual residing in a state-supported living center (as defined by Health and Safety Code § 555.001) or in a facility licensed under Chapter 252 of the Health and Safety Code, and the alleged offender is an employee of the center or facility whose employment involved providing direct care for the alleged victim, injury to a child, elderly individual, or disabled individual is a second-degree felony. A conviction is punishable by up to 20 years in prison and/or a fine of up to $10,000.
Texas Penal Code § 22.04(m) establishes that it is an affirmative defense under Texas Penal Code § 22.04(a)(1), Texas Penal Code § 22.04(a)(2), and Texas Penal Code § 22.04(a)(3) for injury to a disabled individual that the alleged offender did not know and could not reasonably have known that the alleged victim was a disabled individual at the time of the offense. Under Texas Penal Code § 22.04(k), it is a defense to prosecution under this section that the alleged act or omission consisted of reasonable medical care occurring under the direction of or by a licensed physician, or emergency medical care administered in good faith and with reasonable care by a person not licensed in the healing arts.
Texas Penal Code § 22.04(l) further provides that it is an affirmative defense:
Texas Penal Code § 22.04(i) establishes that it is an affirmative defense under Texas Penal Code § 22.04(b)(2) that before the alleged offense the alleged offender notified in person the child, elderly individual, or disabled individual that they would no longer provide any of the care described by Texas Penal Code § 22.04(d) and notified in writing the parents or person other than himself acting in loco parentis to the child, elderly individual, or disabled individual that they would no longer provide any of the care described by Texas Penal Code § 22.04(d) or notified in writing the Department of Protective and Regulatory Services that they would no longer provide any of the care set forth in Texas Penal Code § 22.04(d).
Texas Department of Family and Protective Services (DFPS) — The responsibilities of Adult Protective Services include investigating reports of neglect, abuse, and exploitation of adults who are elderly or have disabilities. The responsibilities of Child Protective Services include providing services to children and families in their own homes. Tarrant County is in DFPS Region 3, which has a headquarters in Arlington:
1200 E. Copeland Road
Arlington, TX 76011
(817) 792-4400
Aging and Disability Resource Center of Tarrant County (ADRC) — The ADRC of Tarrant C County serves people who are 60 years of age or older or have a disability, and their caregivers. The organization’s partners include the Area Agency on Aging of Tarrant County, MHMR Tarrant, Texas Health and Human Services, and the United Way of Tarrant County. You can find links to all partner agencies on this website.
1300 Circle Drive
Fort Worth, TX 76119
(855) YES-ADRC (855-937-2372)
If you or your loved one were arrested for alleged injury to a child, elderly individual, or disabled individual in Fort Worth or a surrounding area of Tarrant County, you need to know that the prosecutor handling your case is expecting a guilty plea but will be prepared to do whatever they have to do to get a conviction. You are going to want to be sure that you have a skilled criminal defense lawyer.
The Law Offices of Richard C. McConathy can fight to possibly get your criminal charges reduced or dismissed. Call (817) 422-5350 or contact us online for a confidential consultation.