December 22, 2010, 08:33
Gordon LeMaireInjury to a Child?
A father beats his three year old daughter, fracturing her skull. He is charged with injury to a child. Just a question that bothers me, why not Aggravated Assault?
December 22, 2010, 08:49
Andrea WInjury to a child would be the more specific section, wouldn't it? And as long as it's intentionally or knowingly, it's a first-degree felony, so it's not like you're charging a lower offense than you could. It has a longer statute of limitations, too.
December 22, 2010, 11:54
JBYou can actually charge both. Injury to a child is one of the few offenses in the PC that the Leg specified could be prosecuted under more than one provision without violating double jeopardy protections. Of course, the point of injury to a child is a higher punishment range.
December 22, 2010, 13:53
Gordon LeMaireNot my case, thank goodness. Just saw the news report and that's what was charged.