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Texas Injury to a Child Defense Lawyers
Injury to a child is one of the most aggressively prosecuted criminal offenses in Texas. The charge encompasses a wide range of alleged conduct from intentional physical abuse to accidents that prosecutors characterize as reckless or negligent. The penalties range from a state jail felony to a first-degree felony punishable by up to life in prison. Because the alleged victim is a child, these cases carry intense emotional weight with judges, juries, and prosecutors, making the quality of your defense critically important.
At Deandra Grant Law, Attorney Douglas Huff defends clients against injury to a child charges as Criminal Division Chief. Doug understands that many of these cases involve parents, caregivers, and family members who are devastated by what has happened to a child and who may be wrongly accused of causing the injury.
What Is Injury to a Child Under Texas Law?
Texas Penal Code §22.04 provides that a person commits the offense of injury to a child if they intentionally, knowingly, recklessly, or with criminal negligence cause bodily injury to a child 14 years of age or younger.
The statute also covers injury to elderly individuals (65 or older) and disabled individuals, but the child-specific provisions are the most commonly charged and carry the most severe social stigma.
The critical feature of this statute is that it covers four different mental states, each with dramatically different penalty implications:
Mental States and Penalties
Intentional or Knowing Injury
When the prosecution alleges the defendant intentionally or knowingly caused bodily injury to a child, the offense is a third-degree felony (2 to 10 years in prison, fine up to $10,000). If the prosecution alleges intentional or knowing serious bodily injury, the offense is elevated to a first-degree felony (5 to 99 years or life in prison, fine up to $10,000).
Reckless Injury
When the prosecution alleges reckless conduct caused bodily injury, the offense is a state jail felony (180 days to 2 years in a state jail facility, fine up to $10,000). Reckless conduct causing serious bodily injury is a second-degree felony (2 to 20 years, fine up to $10,000).
Criminally Negligent Injury
When the prosecution alleges criminal negligence caused bodily injury, the offense is a state jail felony. Criminal negligence causing serious bodily injury is also a state jail felony but with enhanced sentencing exposure.
Injury by Omission
A person can be charged with injury to a child through omission which is failing to act when they had a legal duty to protect the child. This includes parents, guardians, and caregivers who fail to seek medical attention for an injured child, fail to protect a child from abuse by another person, or fail to provide necessary care. Omission charges carry the same penalty structure based on the mental state alleged.
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Defense Strategies
- Challenging the mental state. The penalty difference between intentional injury (third-degree felony) and negligent injury (state jail felony) is enormous. Doug evaluates whether the evidence supports the mental state the prosecution has alleged, and fights for the appropriate charge level.
- Accidental injury defense. If the child’s injury was truly accidental, no criminal offense occurred. Doug reconstructs the events leading to the injury and presents evidence that the injury was consistent with an accident.
- Medical evidence challenges. Doug retains independent medical experts such as pediatricians, radiologists, forensic pathologists to evaluate the child’s injuries and determine whether they are consistent with the prosecution’s theory or with alternative, non-criminal explanations.
- Reasonable discipline defense. Texas recognizes the right of parents to use reasonable physical discipline. Doug presents evidence that the defendant’s conduct fell within the range of reasonable parental discipline recognized under Texas law.
- False allegation investigation. Doug investigates the source of the allegation, the child’s statements across multiple interviews, and any motive to fabricate — particularly in custody dispute contexts.
- Comprehensive mitigation. Our in-house mitigation team prepares biographical and psychosocial documentation that presents the defendant as a complete person — not just an allegation — influencing every stage from bond through sentencing.
Protect Your Future — Contact Deandra Grant Law Today
If you or someone you love is facing criminal charges involving a child in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff has defended clients against serious criminal charges throughout his career. Our firm’s forensic science credentials and 30+ years of criminal defense experience mean you get a level of defense that most firms cannot provide.
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“Deandra Grant Law – Criminal & DWI Defense handled my case with diligence and professionalism. Deandra Grant’s reputation is stellar and now I know why. She has a team of individuals who provide quality service.”
N. Coulter

(214) 225-7117
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