In 2021 an Oklahoma woman was arrested for child abuse. Police say she dressed as a witch to torture and abuse her 7 year old grand-daughter. The woman would wear a mask and call herself “Nelda” when she beat the girl. The girl also recounts being hung from the garage ceiling by her arms, having food withheld, and having to sleep with the dogs. Authorities also noticed burns, bruising, and a severe case of ringworm on the child. Child Abuse charges are extremely serious. If you are facing these charges, this article will explain the law and what penalties may result.
Oklahoma Child Abuse Statutes
Title 10A of the Oklahoma statutes deals with child abuse laws. The definitions for child abuse are under §1-1-105. These are:
Abuse: harming or threatening to harm the health, safety, or welfare of a child by someone who is responsible for the child.
Harm or threatened harm: Harm or threatened harm in child abuse cases must be intentional. So if a child falls and injures themselves, this is not child abuse. But if a child is pushed down by an adult and becomes injured, this is.
Abusing or harming a child can take several different forms. For instance, physical abuse is one form. However, emotional and mental abuses are others. Neglect of a child—without actively injuring the child—is also a form of abuse. Neglecting a child includes failing to report abuse if you know it is occurring and do not stop or report it.
Some Steps In The Case
If you are arrested on a bench warrant the Court sets a bond for you. The amount of the bond depends on the circumstances surrounding the allegations in your case. The more serious they are the higher the amount. Once bond is posted you are set for arraignment. You must attend this with your attorney. The attorney enters a plea of not guilty and sets the case for an issue preliminary hearing. At this hearing the prosecutor must meet their burden of proof. The burden at a preliminary hearing is a preponderance of the evidence. To meet the burden the prosecutor must present some witnesses and some evidence that supports their case. If they do the case next gets set for jury trial otherwise the case is either dismissed or you accept a plea deal.
Child Abuse Penalties
Abusing a child is a crime that invokes severe penalties. First, the crime is a felony. So, you will face a year up to life in custody of department of corrections depending on the amount and severity of abuse. Further, the law will fine you. These may reach up to $5,000. Other costs you will face are therapy, medical, etc. bills to evaluate the child and make the child well again.
Second, if you are accused of abusing your own children, then you could lose custody of them. DHS will remove try to remove the child from the home and place the child. This is often with a trustworthy family member or the other parent of the child. Permanent custody loss is likely.
Tulsa Criminal Defense You Can Count On
In some cases, you may face charges that are against you by a vindictive ex. Bogus charges of child abuse are still something you should take very seriously. We highly recommend you get counsel. Your first consultation with our offices is free and confidential. For a free and confidential consultation with a criminal defense attorney at Tulsa Criminal Lawyers Law Firm call 918-416-0358 or send us an email to ask a legal question.