Second Degree Child Abuse

Michigan Child Abuse Lawyer


michigan child abuse lawyer - Child Crying

The Michigan Child Abuse Lawyer at Miel & Carr, PLC are experienced in defending against charges of second degree child abuse. Michigan law provides, pursuant to MCL 750.136b, that a person is guilty of child abuse in the second degree if any of the following are true:


(a)    The person’s omission causes serious physical harm or serious mental harm to a child or if the person’s reckless act causes serious physical or serious mental harm to a child.

(b)   The person knowingly or intentionally commits an act likely to cause serious physical or mental harm to a child regardless of whether harm results.

(c)    The person knowingly or intentionally commits an act that is cruel to a child regardless of whether harm results.


A first offense carries a penalty of up to 10 years in prison, while a second offense carries a penalty of up to 20 years in prison.


 Second Degree Child Abuse Defenses


Despite the statute’s lack of a requirement that harm actually resulted from the conduct, injury can be one of the most important issues in child abuse cases.  An experienced Michigan Child Abuse Lawyer knows that in many cases, there is a lack of injury, which can assist in showing that the alleged conduct did not occur.  In other cases, where there are serious injuries, it can be critical to find experts who can opine on the mechanism of injury, particularly in cases where it is alleged that something other than the conduct of the defendant caused the injuries.


These types of cases can be very difficult on defendants, especially when a parent is accused of assaulting or harming their own child in some way.  Judges frequently impose no contact orders during the pendency of the case, which can often go on for many months.  During that time, a parent may be separated from their child, which adds additional stress, over and above the stress of being accused of a serious crime.  This often allows the government to put additional pressure on a defendant in trying to induce them to plead guilty.


 Seek Legal Assistance From A Michigan Child Abuse Lawyer


If you have been charged with Second Degree Child Abuse, it is important that you hire the right Michigan Child Abuse Lawyer to defend you.  Your attorney should be experienced in handling trials in child abuse cases, have knowledge of the types of experts that may be needed to assist at trial, and have experience in questioning children at trial.  Most importantly, however, you need to find an attorney to defend you with whom you are completely comfortable.  Because these cases are so stressful, particularly on parents, you need an attorney who you can speak with frequently and will be able to help you deal with the difficult road that awaits you prior to trial.


Our experienced Michigan Child Abuse Lawyer  defends cases anywhere in Michigan. If you have been accused of child abuse, we can be reached at 616-773-2945 for a consultation.