An Oklahoma child abuse defense attorney provides legal protection for individuals charged with child abuse, child neglect, or child endangerment. Phillips & Associates criminal defense law firm offers a long history of successfully defending those accused of abusing, neglecting, or endangering a child. Our child abuse lawyers handle every aspect of a case including sorting through evidence, addressing witness accounts, and consulting clients as they navigate investigations by law enforcement, the Oklahoma Department of Human Services (DHS) and Child Protective Services. The legal punishments for child abuse are severe and include fines and jail time.

In the most recent statistics Oklahoma reported 13,546 children confirmed as victims of child abuse or neglect or a rate of 14.2 per 1,000 children. These statistics reflect the state’s urgent need for experienced legal representation. Child abuse defense lawyers in Oklahoma use specific legal strategies to handle high-stakes accusation including physical abuse, emotional neglect, and failure-to-protect and endangerment cases.

Attorneys gather critical evidence that includes medical reports, forensic interviews, DHS records, witness statements, and electronic communications. Case outcomes depend heavily on the quality of the investigation and whether prosecutors can establish intent, injury, or neglect beyond a reasonable doubt.

Potential consequences of a conviction on charges of child abuse include incarceration, loss of parental rights, probation conditions, mandatory counseling, and long-term harm to your reputation. Our Oklahoma child abuse defense lawyers represent clients throughout Oklahoma City, Tulsa, Norman, Edmond, and surrounding regions. If you are wrongfully accused of domestic violence by an overprotective neighbor, teacher, or other adult in your child's life, you need swift legal representation to protect your family and exercise damage control. The domestic abuse defense lawyers at Phillips & Associates are backed by a successful record that includes numerous domestic violence dismissals. Contact one of our criminal defense attorneys today to find out how we can help you fight your criminal charge.

Oklahoma City Child Abuse Attorney Reviews

Hiring Phillips & Associates criminal defense attorneys in Oklahoma City offers many benefits and advantages for those seeking legal representation for charges of child abuse, child neglect, or child endangerment.

Best Child Abuse Defense Attorney Near Me in Oklahoma City

The best child abuse, neglect, and endangerment defense lawyers in Oklahoma City are found at Phillips & Associates. Phillips & Associates is a trusted name in Oklahoma criminal law. The firm’s attorneys defend anyone including parents, caregivers, and other adults facing charges of child abuse, child neglect, or child endangerment in courts across the state of Oklahoma. The criminal defense team at Phillips & Associates is well-known our litigation experience, clear communication with clients, and a deep understanding of Oklahoma child-abuse and child-neglect statutes. The firm reviews each case carefully and looks closely at the facts to create legal strategies that fit the situation. Their objective is to protect the freedom, family relationships, and future of any individual charged with child abuse in Oklahoma.

What is Child Abuse According to Oklahoma Law?

Child abuse according to Oklahoma law is the harm or threatened harm to a child, or a failure to protect a child from harm or threatened harm, to the child’s health, safety, or welfare. The definition includes non-accidental physical injury, non-accidental mental injury, sexual abuse, and sexual exploitation, because Oklahoma treats each of these actions as forms of prohibited harm to a child. Child abuse is defined in 21 O.S. § 843.5 of the Oklahoma statutes.

Parents may still legally use ordinary force as necessary for disciplining a child. Parents using spanking, switching, or paddling of a child for disciplinary reasons are not automatically considered abuse under the statute. This means that spanking is not typically considered child abuse. However, if the force used in spanking or paddling is considered excessive, this type of discipline could potentially be charged as abuse.

“Enable” means supplying another person with the means, knowledge, or opportunity to commit child abuse. when the person authorizing or allowing such care knows, or reasonably should know, that the child will be placed at risk of abuse as defined under 21 O.S. § 843.5.

Child abuse and enabling child abuse are classified as felony offenses under 21 O.S. § 843.5. A conviction for either offense can carry serious, long-term consequences for the convicted individual’s future freedom, employability, housing, and legal status.

What Are Examples of Child Abuse?

Examples of child abuse in Oklahoma include intentional physical injuries such as hitting, punching, kicking, burning, shaking, choking, or otherwise inflicting bodily harm that is not accidental on a minor.  Other examples of child abuse in Oklahoma include causing serious mental or emotional injury through extreme cruelty, terrorizing, or repeated verbal or psychological assaults that damage a child’s mental health.

Is Child Abuse Domestic Violence?

Child abuse is a form of domestic violence, but the crime of child abuse is defined in it's own statute. An Oklahoma City domestic violence attorney provides services for those facing charges of child abuse or domestic violence.

What is the Punishment for Child Abuse in Oklahoma?

The punishments for child abuse in Oklahoma include jail time and fines. Under 21 O.S. § 843.5, child abuse is a felony punishable by imprisonment in the Oklahoma Department of Corrections for a term not exceeding life, or by imprisonment in a county jail for a term not exceeding one (1) year. Fines for child abuse in Oklahoma range from Five Hundred Dollars ($500.00) to Five Thousand Dollars ($5,000.00). Both jail time and fines can be ordered in the same case, depending on the facts and circumstances.

What is Child Neglect According to Oklahoma Law?

Child neglect is defined in 21 O.S. § 843.5 as the willful or malicious neglect of a child under the age of eighteen (18) according to Oklahoma law. Child neglect charges include "enabling child neglect" which means causing procuring, or permitting child neglect by another person who is responsible for the child. Neglect is defined in Oklahoma's Children and Juvenile Code (10A O.S. § 1-1-105). The Oklahoma Children and Juvenile Code defines neglect as the failure to provide a child with essential care, or the failure to protect a child from obviously dangerous conditions, in such a way that harms or threatens the health safety, or welfare of the child. This statute states that neglect includes not providing proper nurturance and affection, food, clothing, shelter, sanitation, hygiene, education, necessary medical, dental, or behavioral healthcare or sufficient supervision. Neglect also includes failing to protect the child from exposure to illegal drugs, illegal activities, or sexual acts or materials that are not age-appropriate, as well as abandonment. Child neglect and enabling child neglect are prosecuted as felonies and include harsh punishments.

What Are Examples of Child Neglect?

Examples of child neglect in Oklahoma include failing to provide a child with basic necessities such as adequate food, clothing, shelter, or necessary medical or dental care, when that failure harms or threatens the child’s health, safety, or welfare.  Examples of child neglect in Oklahoma also include not providing sufficient supervision or special care required by the child’s physical, mental, or developmental condition, such as leaving a young child alone for long periods, failing to watch a child around known dangers, or ignoring a child’s serious mental health needs.

What is the Punishment for Child Neglect in Oklahoma?

The punishments for child neglect in Oklahoma include jail time and fines. The prison sentence for child neglect in Oklahoma ranges from up to one (1) year in the county jail or up to life imprisonment in Oklahoma Department of Corrections. Fines for child neglect range from five hundred dollars ($500) to five thousand dollars ($5,000). Fines and jail time are possible depending on the circumstances of the case.

How Does One Report Suspected Child Abuse in Oklahoma?

In Oklahoma, reporting suspected child abuse is a legal responsibility, not just an ethical responsibility. While many people know that teachers and physicians are required to report suspected abuse, Oklahoma law states:

Every person having reason to believe that a child under the age of eighteen (18) years is a victim of abuse or neglect shall report the matter promptly to the Department of Human Services. Reports shall be made to the hotline provided for in subsection A of this section. Any allegation of abuse or neglect reported in any manner to a county office shall immediately be referred to the hotline by the Department (Title 10A, Section 1-2-101B).

The law continues that failure to report child abuse is a crime: Any person who knowingly and willfully fails to promptly report suspected child abuse or neglect or who interferes with the prompt reporting of suspected child abuse or neglect may be reported to local law enforcement for criminal investigation and, upon conviction thereof, shall be guilty of a misdemeanor.

These laws are intended for the protection of Oklahoma's children. The law does not require a person who suspects a child is being abused to have proof or factual evidence of abuse before reporting it. Adults are required to report suspected abuse. Because of this, well-meaning but misguided people may report suspected child abuse after misunderstanding a child's statements or making assumptions about minor injuries.

Oklahoma Child Abuse Statistics

Oklahoma has one of the highest rates of child abuse in the nation. Between newsworthy problems with the Oklahoma Department of Human Services and statistics that show that confirmed cases of abuse in the state have grown over the last three years, Oklahoma has a growing reputation for being a bad place for kids. In order to combat this image, law enforcement and prosecutors zealously pursue cases of suspected abuse and neglect and prosecute them aggressively.

Children are vulnerable, and in many cases, defenseless against abuse. While discipline is appropriate, abuse is not. However, well-meaning individuals may misinterpret legitimate discipline, resulting in a DHS or criminal investigation of a parent. A tired and frustrated parent without adequate support may act rashly in a tense or emotional situation.

A vindictive parent may make false accusations of abuse in an attempt to gain an advantage over the other parent in a custody dispute. Regardless of the reason for your investigation or charge, you need immediate legal counsel from a lawyer equipped to handle tough cases. If you are convicted, you face not only criminal penalties including jail or prison, but also the destruction of your family and the loss of your children.