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Ask TexCrimLawyer, J.D. Your Own Question
TexCrimLawyer, J.D.
TexCrimLawyer, J.D., Lawyer
Category: Criminal Law
Satisfied Customers: 4795
Experience:  Experienced in state and federal criminal litigation.
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I am a registered nurse and in my care was a brain injured

Resolved Question:

I am a registered nurse and in my care was a brain injured child. I left my client thinking the mother was home upstairs.
Turns out she had left. Mothe came home ten minutes after I had left. There was no injury to the child. I have been charged with Felony:Endangering the welfare of a child 1st degree. I think it should be a misdemeandor.
Submitted: 6 years ago.
Category: Criminal Law
Expert:  TexCrimLawyer, J.D. replied 6 years ago.
Chat Conversation Started
TexCrimLawyer, J.D. :

What is your question?

JACUSTOMER-0cy2of5l- :

I feel I should be charged with a misdemeanor 1st degree

JACUSTOMER-0cy2of5l- :

not a felony endangering a child 1st degree.

JACUSTOMER-0cy2of5l- :

let me know if I am correct thinking this

JACUSTOMER-0cy2of5l- :

I have no previous criminal record

JACUSTOMER-0cy2of5l- :

I have a perfect record as a register nurse for 35 yrs

TexCrimLawyer, J.D. :

I think you are correct. The difference between 1st and 2nd degree endangerment is that in 2nd degree, you only need to have acted with criminal negligence. In 1st degree, you must act knowingly.

JACUSTOMER-0cy2of5l- :

Should this be a misdemeandor or a felony?

JACUSTOMER-0cy2of5l- :

I think misdemeandor in 1st degree

TexCrimLawyer, J.D. :

From what you've told me, your actions were, if anything, negligent. Since you didn't have the intent to leave the child alone (you need specific intent to act knowingly), you should should be guilty of the misdemeanor.

JACUSTOMER-0cy2of5l- :

Are you there?

JACUSTOMER-0cy2of5l- :

ARE YOU STILL HERE?

TexCrimLawyer, J.D. :

Yes.

TexCrimLawyer, J.D. :

Did you get my last response?

JACUSTOMER-0cy2of5l- :

SORRY I DIDN'T REALIZE YOU REPLIED.

JACUSTOMER-0cy2of5l- :

THANKS FOR YOUR HELP

TexCrimLawyer, J.D. :

Can I help you with anything else?

JACUSTOMER-0cy2of5l- :

No this helped.

TexCrimLawyer, J.D. :

?Ok. If I've been helpful, please click "Accept". Good luck. By the way, my wife is a nurse, so I know how hard of a job that it is.

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