Arizona statute 13-3623 defines child abuse as follows:
A. Under circumstances likely to produce death or serious physical injury, any person who causes a child or vulnerable adult to suffer physical injury, or, having the care or custody of a child or vulnerable adult, who causes or permits the person or health of the child or vulnerable adult to be injured or who causes or permits a child or vulnerable adult to be placed in a situation where the person or health of the child or vulnerable adult is endangered is guilty of an offense as follows:
When a child is harmed in a home and the state is uncertain whether the mother or father actually caused the injuries, the state will charge both parents under A.R.S. Sec. 13-3623. Since convictions for not protecting the child from the abuse are identical to actually abusing the child, the state indicts both parents, tries them together and hopes each parent will point the finger at the other. This obviously simplifies the state’s task and virtually guarantees convictions.
Like child sexual offenses, child abuse convictions carry mandatory prison sentences that are extremely lengthy. The most serious child abuse convictions can range up to 27 years of imprisonment.
The complexity of defending child abuse cases arises from a variety of factors:
Tucson criminal defense lawyer Richard L. Lougee has represented clients since 1980 in cases alleging child abuse. He understands how such cases are prosecuted and the strategies and techniques needed to defend them successfully.