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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19692
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I spanked my child (3 year old) on the face and ears and caused

Customer Question

I spanked my child (3 year old) on the face and ears and caused marks and bruises.
When the child was in daycare school, the teacher reported the case and I was charged with with a 20k bound.

Will that possibly be a felony or misdeamor?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is Lucy and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Texas Pen. Code, Section 22.04 can be charged as either a felony or a misdemeanor. Where a person acted knowingly and intentionally, it is charged as a felony. Where a person acted with criminal negligence, it is a misdemeanor. It is likely that you will be charged with a felony. When you go to your initial appearance, you can request an attorney if you cannot afford one. It's possible that your attorney would be able to get the charges reduced to a misdemeanor in some cases, if you are willing to plead guilty, or if the evidence does not support a felony conviction.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.

Thanks Lucy for your reply.


 


Will be case be depending on what injury this has caused?


 

Expert:  Lucy, Esq. replied 1 year ago.
It will depend both on the extent of the injuries and whether you are found to have behaved knowingly and willingly, recklessly, or negligently. It sounds as if there aren't severe bodily injuries, so intent becomes important.

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