It is not uncommon for individuals accused of domestic violence to also face charges of child neglect. Charges of this type are severe, as even the implication of child neglect can ruin a person’s reputation and introduce potential biases in the minds of the jury and prosecution. Depending on the severity of the alleged mistreatment, child neglect can potentially be charged as a felony offense in the state of Wisconsin, exposing defendants to the possibility of decades in prison, exorbitant fines, and a possible loss of child custody. Suppose you have been accused of child neglect or abuse. In that case, your top priority should be to retain the services of a powerful child neglect defense attorney as soon as possible to protect yourself against serious consequences.
At the Law Offices of Christopher J. Cherella, our Milwaukee criminal defense attorney has more than 20 years of dedicated experience defending the rights of the accused. Backed by unanimous support from past clients and an Avvo Clients’ Choice Award for our outstanding legal advocacy, we have what it takes to guard your freedom and parental rights.
Do not take any chances – call (414) 347-9334 or contact our office today.
What is Considered Child Neglect?
As opposed to child abuse, which involves physical, mental, or emotional torment, child neglect is more passive. A child is considered neglected when their parent or guardian fails, for reasons other than poverty, to provide them with the necessary care, clothing, food, shelter, or medical and dental care to a point where it endangers their physical well-being. Under Wisconsin State law, individuals do not need to cause harm to a child to face child neglect charges; merely the act of endangering a child is sufficient.
Penalties For Child Neglect:
- If no harm results to the child, child neglect is charged as a Class A misdemeanor, carrying up to 9 months in jail and up to $10,000 in fines.
- Conversely, serious incidents of child neglect that result in serious bodily harm or death are charged as felony offenses, carrying up to 25 years in prison and fines up to $100,000.
To be convicted of child neglect, the state must prove the following:
- The child was under 18 years of age
- The defendant was responsible for the child’s welfare
- The defendant intentionally endangered the child
Neglect cases often involve hearsay or circumstantial evidence and a considerable gray area. Depending on the circumstances, leaving your child in the car while you run to the store can be illegal. Our criminal defense attorneys can work to protect you against these accusations and ensure you are treated fairly during this difficult time.
Child Neglect Charges in Wisconsin
Child neglect charges can arise from a wide range of situations, some of which may seem minor or open to interpretation. For example, leaving a child unattended in a car while running errands could lead to charges. These cases often rely on circumstantial evidence or hearsay, making it crucial to have a strong defense strategy.
Child Neglect Misdemeanor Charges
Misdemeanor child neglect charges typically apply when the neglect does not result in harm to the child. While these charges are less severe than felonies, they still carry significant consequences, including jail time and fines.
Child Neglect Felony Charges
Felony child neglect charges are reserved for cases where the neglect leads to serious injury or death. These charges are far more severe and can result in decades of imprisonment.
Defenses Against Child Neglect Charges
If you are facing child neglect charges, a strong defense is essential. Common defenses include:
- Lack of Intent: Proving that the neglect was unintentional.
- False Accusations: Demonstrating that the allegations are baseless or motivated by ulterior motives.
- Insufficient Evidence: Challenging the prosecution’s evidence or the credibility of witnesses.
Our attorneys will thoroughly investigate your case, gather evidence, and build a robust defense to protect your rights.
Discuss Your Charges Today
With high stakes, you cannot afford to leave your case to a less experienced attorney. At the Law Offices of Christopher J. Cherella, our Milwaukee criminal defense attorneys understand what is at stake and are prepared to fight tooth and nail to protect your reputation and parental rights. Unlike many other firms who hand their cases off to paralegals after being retained, we maintain a personalized involvement in each case, ensuring each client receives the attention they deserve at all times. Defending your well-being is our top priority, and we are dedicated to doing everything within our power to help you get through this difficult time with your freedom and dignity intact.
Schedule a no-cost, no-obligation case review today to discover your legal options.
Frequently Asked Questions About Child Neglect
Is child neglect a misdemeanor or felony?
Child neglect can be charged as either a misdemeanor or a felony in Wisconsin, depending on whether harm occurred and the severity of the situation.
What is the sentence for child neglect?
Sentences range from up to 9 months in jail for misdemeanors to 25 years in prison for felony convictions.
Can you go to jail for child neglect?
Yes, jail time is a possible consequence of child neglect charges, even for misdemeanors.
Can you get arrested for child neglect?
Yes, individuals accused of child neglect can be arrested and face criminal charges.
