Shaken Baby Crimes are aggressively prosecuted by the District Attorneys office. In Oklahoma, harming a child through shaking is a severe offense. This can be child abuse, specifically by causing non-accidental trauma. Shaking a baby often leads to what is medically referred to as shaken baby syndrome. This is called (SBS), and is characterized by severe brain injury. When a baby is shaken, even for a few seconds, it can cause irreversible damage or even death. This is because of the delicate nature of a baby’s brain and neck muscles.
Shaken Baby Crimes Definitions and Charges
Under Oklahoma law, child abuse includes any harm or threat of harm to a child’s safety, health, or welfare by a person responsible for the child. This includes non-accidental physical or mental injury. If you are found guilty of a shaking a baby crime, you could face charges. They range from a felony punishable by imprisonment of one year to life.
What the Prosecutor Must Prove
For a conviction of a shaken baby crime, the prosecutor must show you deliberately or maliciously injured the child. This involves proving beyond a reasonable doubt that the act of shaking was not accidental. They must also show the shaking resulted in injury to the child. Evidence such as medical reports showing brain swelling, bleeding, or retinal hemorrhage, coupled with testimonies from medical experts, can be used to build the case.
Potential Defenses
- Accidental Injury: One defense could be that any injury was accidental. You must show normal handling or activities that could not reasonably have been foreseen to cause injury.
- Medical Conditions: Defense might argue that the child’s injuries were caused by a medical condition unrelated to shaking, such as a genetic disorder or a medical event like a stroke.
- Misdiagnosis: Arguing that the medical diagnosis was incorrect or that symptoms attributed to shaking were actually because of another cause.
- Lack of Intent: Proving that there was no intent to harm the child can be a defense.
Child Abuse in General
In addition to shaken baby syndrome, child abuse in Oklahoma can take many forms. This includes neglect, physical abuse, sexual abuse, and emotional abuse. Neglect, the failure to provide essential needs like food, shelter, and medical care, is the most commonly reported form of child abuse. Physical abuse involves causing intentional physical harm, such as hitting, burning, or cutting. Sexual abuse includes any sexual act with a child, while emotional abuse involves harming a child’s mental and emotional development through actions like isolation, rejection, or verbal assaults.
Legal Outcomes and Penalties
The penalties for child abuse crimes in Oklahoma are severe. Depending on the nature and severity of the abuse, you could face long-term imprisonment, hefty fines, and mandatory reporting to child protection databases. Repeat offenders or those causing significant harm face even stricter penalties, up to life imprisonment.
Tulsa Child Abuse Lawyers On Your Side
Child abuse, particularly allegations involving shaken baby crimes, are taken very seriously in Oklahoma. The legal system is designed to protect the welfare of children and penalize those who harm them severely. If you find yourself accused of a child abuse charges it’s crucial to understand the gravity of the charges. If you’re facing charges related to shaken baby syndrome or any form of felony child abuse in Oklahoma, a criminal defense lawyer can protect your rights. Contact Tulsa Criminal Lawyers Law Firm by calling (918) 416-0358. Or contacting us online for a consultation with a criminal defense attorney.