According to the Code of Virginia § 18.2-371.1. Abuse and neglect of children; penalty; abandoned infant
- Any guardian or parent in charge of a child below the age of eighteen willfully refusing or omitting to take care of the child’s health, permits or causes serious injury to the health or life of the child, will be placed guilty of committing a Class 4 felony. The punishment for this
Felony will have to face the penalty of serving 2 to ten years as jail time, along with a fine no more than $100,000.
“serious injury” can mean
- a fracture,
- a severe laceration or burn,
- forced consumption of unsafe substances, and
- fatal internal injuries.
- Any guardian or parent in charge of a child below the age of eighteen willfully refusing or omitting to take care of the child was culpable, gross, wanton, and showing disregard will be placed guilty of committing a Class 6 felony. The offender found guilty will be facing the penalty of serving 1 to 5 years of jail time. However, the court has the authority to lessen the punishment to no more than 12 months in prison and/or pay fine of no more than $2,500.
- If a prosecution under this subsection is based solely on the accused parent having left the child at a hospital or emergency medical services agency, it shall be an affirmative defense to prosecution of a parent under this subsection that such parent safely delivered the child to a hospital that provides 24-hour emergency services or to an attended emergency medical services agency that employs emergency medical services personnel, within the first 14 days of the child’s life. In order for the affirmative defense to apply, the child shall be delivered in a manner reasonably calculated to ensure the child’s safety.
- Any guardian or parent in charge of a child below the age of eighteen performs, or allows to be performed upon the child, any sexual act;
- Any guardian or parent in charge of a child below the age of eighteen who has resorted to spiritual treatment in good faith of the child will not be taken as a violation of this section.
Virginia Child Protective Services Investigations
Normally, any allegations of child neglection are reported to Child Protective Services of Virginia. They will follow certain criteria to determine if it is indeed a case of child neglect.
- The suspected incident happened in Virginia;
- The incident involved a child under 18;
- The supposed culprit was a caretaker, guardian or parent; and
- Legal standards for neglect were met.
Criminal Defense Attorneys Present In Your State Of Virginia
Charges of child neglect are such a grave matter which can lead to major negative consequences for yourself. If you have been accused of child neglect, get help from your skilled and experienced criminal defense attorney. Your Virginian lawyer will be more than happy to successfully represent you in court. You must be well aware of all your options on how to tackle your offenses. Your lawyer will make sure you are.