Brownsboro Teacher Faces Felony Charges for Injury to Child
A 39-year-old teacher in Brownsboro, TX is facing felony charges, alleging he intended bodily harm to a seven-year-old in his class when he knocked the child’s desk over. The parents say their child got off the school bus with bruises and a head injury, claiming his teacher "pushed him and hurt him."
An investigator into the incident was shown a video of the teacher interacting with the boy in the presence of three other boys. The video appears to show that the boy "rebelled against requests" to follow classroom rules and was leaning backward in his desk. The teacher then pushed the desk, sending it toppling over and causing the child to hit the back of his head and both elbows.
The parents claim that while the physical injuries to the child have healed, he is "still emotional" about the incident. The teacher was released on a $25,000 bond after being charged with Injury to a Child Intending Bodily Harm. These are serious charges with severe penalties. If you are facing similar charges that could potentially land you in prison for a very long time, speak to a knowledgeable Fort Worth, TX criminal defense attorney from The Dameron Law Firm.
Is Injury to a Child Intending Bodily Harm the Same as Assault?
Assault, detailed under Texas Penal Code Section 22.01, requires that a person cause another person pain by intentionally or recklessly injuring them. Assault charges require a person to do something to another person, and while Injury to a Child also has this requirement, it goes a step further.
Failing to do something necessary for a child, like providing medical care, shelter, or food, also falls under Injury to a Child. Injury to a Child is punished much more harshly than Assault and is always a felony offense, while Simple Assault can be a Class A or Class C misdemeanor.
Penalties for Conviction for Injury to a Child
The potential penalties for a conviction for Injury to a Child will depend on the extent of the injuries and the intent of the person who inflicted the injuries. If the defendant intentionally and knowingly caused the injuries (a first-degree felony), a conviction could result in a sentence of between five and 99 years in prison and a maximum fine of $10,000.
Recklessly causing serious bodily injury to a child is a second-degree felony with a maximum fine of $10,000 and up to 20 years in prison. If the bodily injury to a child is inflicted knowingly and intentionally, but the injuries are not severe, a third-degree felony is charged. The maximum fine is $10,000 and up to 10 years in prison.
If the injuries to a child were caused recklessly (but not knowingly or intentionally), and the injuries are minor, it will be charged as a state jail felony. The penalties include up to two years in prison and a maximum fine of $10,000.
What Are the Differences Between Intentional, Knowing, and Reckless Conduct?
Intentional conduct encompasses a deliberate act with a specific goal or result. Knowing conduct means acting with knowledge or failing to act based on that knowledge. The teacher above was charged with Injury to a Child Intending Bodily Harm, which says that the prosecutor believes the act was deliberate and intentional and that the teacher was aware injury could result.
Knowing behavior could also have described the teacher’s behavior (but is not as serious, legally speaking); he was aware that when he pushed the desk, it would fall over and potentially cause injury to the child. Reckless conduct means a person was aware there was a risk of injury but acted carelessly, sometimes in the heat of the moment.
Contact a Tarrant County, TX Injury to a Child Lawyer
Texas considers Injury to a Child a violent crime and punishes it accordingly. If you are facing such serious charges, speaking to a Fort Worth, TX Injury to a Child attorney from The Dameron Law Firm could be very beneficial. Attorney Craig A. Dameron has more than 20 years of experience representing those facing criminal charges in the Fort Worth and Tarrant County areas. Call 817-222-0624 to schedule your free consultation.