Child Abuse Lawyer Serving Denver & Surrounding Areas

Child abuse charges can arise for a wide variety of reasons. Anger, revenge, miscommunication. Don’t fall victim to charges you don’t deserve simply because you don’t understand the law. As an expert child abuse lawyer, Denver attorney M. Colin Bresee will work with you and your loved ones to understand the charges being brought against you. We all want justice for you and your family. That means mounting a defense that can help you achieve the best possible outcome for your case. 

Not all Denver defense attorneys are equal, and Mr. Bresee is among the few who have handled criminal cases on both the prosecution and defense sides of the table. Understanding how a prosecutor will see your case means you’re working with an attorney who can better defend your case. 

If you are confused . . . If you are scared . . . If you are angry: don’t let emotions rule your response to these serious criminal charges. Instead, visit the Denver office of M. Colin Bresee for a free initial consultation. We’ll listen to your circumstances and help you understand your best next steps. We know the law, and can look at your case clearly from a legal perspective. Please call us anytime to talk to sympathetic people and start building a strong response to the charges. 

Accused of Child Abuse?

Because children are vulnerable to abuse, and the legal system has in the past failed to protect children from deadly consequences, the law now takes allegations of child abuse seriously from the start. 

In fact, the law has mandatory reporting requirements for many people if they have what they consider a reasonable suspicion that a child is being abused. Those with a duty to report these suspicions include:

• School employees such as teachers, coaches, counselors, and administrative staff
• Child care providers
• Social workers
• Clergy members
• Medical care providers, such as physicians, nurses, EMTs, and dentists
• Mental health professionals
• Law enforcement officers
• Firefighters

Colorado law encourages these professionals to report their suspicions and exposes them to liability if they do not report possible abuse. It also protects them if it turns out they reported possible abuse when no abuse existed, as long as they had reasonable justification for their report. 

Do not confront someone you think has reported potential abuse. As noted above, the law protects professionals who report possible charges. Any confrontation can be used against you in your case. Even if you think you are going to have a reasonable conversation, emotions can run high in these situations, and the encounter can escalate out of control to your detriment. 

Instead, find a Denver child abuse defense attorney and listen to their legal advice about the best ways to respond to these charges. 

Criminal Child Abuse in Colorado

Part of the reason why many people face child abuse charges that they feel are unjustified is that Colorado law defines many types of child abuse, and in some cases, family members and those outside the family might disagree about what constitutes abuse as opposed to a normal, even healthy family dynamic. 

Colorado law includes these types of abuse:

• Physical abuse
• Neglect or abandonment
• Sexual abuse or exploitation
• Emotional abuse

These types of charges can include many different acts, and sometimes innocent acts may be misconstrued as abuse. Physical discipline, for example, is allowed under the law, but some people might mistake this for physical abuse. Some other crimes might also lead to charges of child abuse, such as getting a DUI with a child in the car. 

Physical Abuse

Physical abuse is an act or omission which causes a child to suffer skin bruising, bleeding, burns, fracture of any bone, subdural hematoma, or soft tissue swelling. When a child dies, this might lead to charges of physical abuse if you cannot adequately explain the circumstances of the death or if doctors find reason to suspect the death might not be accidental. 

It is also considered abuse if a controlled substance is manufactured in a child’s place of residence. 

Neglect

Criminal charges of child neglect can stem from observations that a child is malnutritioned or simply “failing to thrive.” Neglect might mean that a child isn’t getting proper parental care, lives in an injurious environment, or if a child is not provided with food, water, education, medical care, or other aspects of care the state determines are necessary. Children who run away, are homeless, or are sheltered by someone other than their legal guardian might be considered neglected. 

Finally, a parent can be charged with neglect if they suspect abuse but don’t report it or stop it. Fear of this might lead parents to make reports out of an abundance of caution. 

Sexual Abuse or Exploitation

Sexual abuse or exploitation of a child can include sexual assault, enticement, incest, human trafficking, indecent exposure to a child, public indecency, soliciting child prostitution, invasion of privacy for sexual gratification, or promotion of obscenity to a minor. Any type of sexual activity with a minor can be considered sexual abuse. 

While some types of sexual activity are clearly defined, many others can depend on the interpretation of a situation and/or the intent of the parties involved. 

Emotional Abuse

Emotional abuse is not clearly defined by particular acts. It is inferred from its consequences. The law determines emotional abuse has occurred when a child shows “identifiable and substantial impairment” in terms of their mental and emotional development or a situation where the impairment is likely to occur. 

Possible False Accusations

One complication of the vigilance that Colorado law encourages is that there are bound to be instances of false accusations. This is intentional. Lawmakers have decided that adults falsely accused of child abuse are in a better position to defend themselves than children subjected to unreported abuse. 

Unfortunately, this puts a heavy burden on many innocent people accused of child abuse. Even when all parties are acting in good faith, child abuse charges can arise in some situations. A teacher or babysitter may think that a child’s complaints about a parent indicate that abuse is taking place, especially if a child has accidental injuries. Parents can misinterpret or jump to conclusions about coaches or care providers based on limited evidence and their love for their child. 

Other times, people can deliberately build up accusations of child abuse. Family members can angrily accuse one another as part of a domestic dispute, especially in divorce proceedings where child custody is at stake. Children may exaggerate, provide misleading answers to questions they don’t understand, and even deliberately make up a story, not understanding the potential consequences of their actions. 

Once reports of child abuse reach law enforcement and prosecuting attorneys, these officials have a duty to pursue them to the full extent of the authority granted by Colorado law. It may seem that these officials are acting out of deliberate malice. However, we have many examples of cases where less vigorous pursuit of criminal charges resulted in death, serious injury, or permanent trauma for children. 

Never deliberately confront or lash out in anger against someone, even if you think they might intentionally be making or elevating false accusations. Talk to your lawyer about the best response in this situation, and follow their legal advice. 

Leading Child Abuse Defense Lawyer 

The potential consequences of being accused of child abuse can be paralyzing. You need someone to safely talk to about your side of the story. Establishing an attorney-client relationship with a criminal defense attorney lets you safely share the truth with someone who understands the law. Then you and your lawyer can start building a strategy to head off immediate consequences and work toward the best possible outcome for your case. 

Mr. Breese’s extensive experience in a wide variety of child abuse cases allows him to give a realistic assessment of your case, laying out a best-case and worst-case scenario for you. Then you’ll know what to expect and what steps to take. 

Our legal services extend to the following areas:

• Arapahoe County (including Aurora, Centennial, Englewood, Greenwood Village, and Littleton)
• Adams County (including Thornton and Westminster)
• Denver County
• Douglas County (including Castle Rock, Highlands Ranch, and Parker)
• El Paso County (including Colorado Springs and Security-Widefield)
• Gilpin County (including Central City and Black Hawk)
• Jefferson County (including Arvada and Lakewood)
• Weld County (including Greeley and Longmont)

Child Abuse Charge FAQs

It is true. Even if you’ve already posted your bond – the District Attorney may still attempt to add some or all of the following terms and conditions after posting bond. Below are frequently asked questions (FAQs) regarding what happens after a child abuse charge in Colorado.

What can the Court do to me?

• Even if the reporting party or victim does NOT want to proceed, the Court can arrest you, and police can issue a warrant.
• The Court can impose “reasonable terms” associated with your bond.

What are these “reasonable terms?” 

• No contact with the victim or the victim’s family (even if it’s your own).
• You cannot return to your house.
• You cannot see your own children.
• You may be subject to an alcohol sensor (you cannot consume alcohol while you are out on bond).
• Your probation officer can come to your home or place of work at any time, unannounced.
• A GPS ankle bracelet may be mandatory until the case is concluded.

Contact Our Law Office Today

You need the best in child abuse lawyers. Colorado residents can call us 24 hours a day, and we’ll be happy to help you find clarity in these confusing times. Call us anytime – we look forward to helping you and hearing your case.