Injury To A Child, Elderly, Or Disabled Person Lawyer In Conroe, TX
Penal Code § 22.04 has no misdemeanor level, so an injury that would be a Class A assault against a healthy adult is a felony when the person is 14 or younger, 65 or older, or disabled. This page covers who the law protects, the levels, the defenses and the court process.
What Is Injury To A Child, Elderly Or Disabled Person In Texas?
Texas Penal Code § 22.04 makes it an offense to cause serious bodily injury, serious mental deficiency, impairment or injury, or bodily injury to a child 14 or younger, an elderly individual 65 or older, or a disabled individual. It can be charged for an act or for a failure to act, and every level is a felony.
Understanding Texas Law
How Does Texas Law Define Injury To A Child, Elderly Or Disabled Person?
Penal Code § 22.04 protects three groups, and the statute defines each:
- A child: a person 14 years of age or younger
- An elderly individual: a person 65 years of age or older
- A disabled individual: a person of any age who, because of a physical or mental condition, is substantially unable to protect themselves from harm or to provide their own food, shelter or medical care
The offense is causing one of three kinds of harm: serious bodily injury, serious mental deficiency, impairment or injury, or bodily injury. The last uses the same low threshold as ordinary assault, where physical pain is enough. What differs is the level, because § 22.04 starts as a felony.
What the state must prove beyond a reasonable doubt:
- The person caused the harm, by an act or by an omission where a duty existed
- The person harmed fit one of the three protected groups
- The harm was serious bodily injury, serious mental injury or bodily injury
- The person acted with the required mental state
Section 22.04 reaches what a person failed to do, as well as what they did, when that person had a legal duty to act or had assumed care, custody or control. That is how a charge can reach a caregiver. In an omission case the state has to prove the duty or the assumed care before the question of harm is reached.
Penalties And Consequences
What Are The Penalties For Injury To A Child, Elderly Or Disabled Person In Texas?
Two facts set the level: how serious the harm was and what mental state the state can prove. Intentional and knowing sit at the top, reckless in the middle, and criminal negligence, meaning failure to see a risk an ordinary person would have seen, at the bottom. These are statutory limits, not predictions.
Serious injury, intentional or knowing.
The lowest level, with a fine of up to $10,000.
- Serious injury, intentional or knowing
- First degree felony. Five to ninety-nine years or life, and a fine of up to $10,000.
- Serious injury, reckless
- Second degree felony. Two to twenty years and a fine of up to $10,000.
- Bodily injury, intentional or knowing
- Third degree felony. Two to ten years and a fine of up to $10,000.
- Bodily injury, reckless
- State jail felony. 180 days to two years in a state jail and a fine of up to $10,000.
- Criminal negligence
- State jail felony. Available for an act, not for an omission.
- 3G status
- First degree injury to a child is listed among the 3G offenses when the victim is a child, which bars judge-ordered community supervision.
- Related consequences
- When the person hurt is a family or household member, the case can also carry the consequences on the family violence page.
The same serious injury can be a first degree felony if intentional and a state jail felony if criminally negligent. The maximum falls from ninety-nine years or life to two years.
Real Questions
What Do People Ask About Injury To A Child In Texas?
Can someone other than a parent be charged?
What if a child's injury was an accident?
How does the state prove how an injury happened?
Does mental injury count?
Can a conviction affect work with children or vulnerable people?
Possible Defenses
How Can Injury To A Child Be Defended?
A young child or a person with dementia may not be able to say what happened, so the state builds many of these cases from medical records and expert opinion about how and when an injury occurred. That puts the medical evidence at the center, and an attorney examines it closely. No result can be promised.
The mental state moves the range further than anything else, so the proof of what the person knew or intended gets careful attention.
Texas recognizes a parent's right to discipline.
Penal Code § 9.61 justifies non-deadly force by a parent or person standing in place of a parent who reasonably believes it is necessary to discipline the child or safeguard the child's welfare. Whether it applies depends on the force used and the facts.
A separate civil investigation by the Department of Family and Protective Services can open too, and anything said to its caseworkers may be offered in the criminal case.
Accident Or Medical Cause
Does the injury fit a fall, an accident, a birth injury or an underlying condition?
Timing And Care
When did the injury happen, and who had care of the person during that window?
Serious Or Ordinary Injury
Was the harm serious bodily injury or bodily injury, which moves the level two steps?
Mental State
Does the proof show intent, recklessness, or no more than negligence?
Duty To Act
For an omission, was there a legal duty or an assumption of care, custody or control?
Discipline
Does § 9.61 justify the force that was used?
Local Process
What Happens After An Injury To A Child Arrest In Montgomery County?
Every level is a felony, so these cases pass through the grand jury and the felony courts in Montgomery County. A separate agency case can move at the same time.
The Report
These cases often begin with a report from a hospital, a school or a care facility instead of a 911 call from the scene.
Arrest, Bond And Grand Jury
After booking, a magistrate sets bond and conditions that can bar contact with the child or person and with family. The case is then presented to a grand jury, which can indict, indict a lesser offense or decline.
District Court
Arraignment, discovery under article 39.14 and expert review of the medical evidence come first. A plea, dismissal or trial follows, while a DFPS matter may run in parallel.
- Where it is heard
- Heard in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, after a grand jury indictment.
- Who prosecutes
- The Montgomery County District Attorney's Office, in the same building as the felony courts.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- Appeals go to the Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After An Injury To A Child Charge?
These steps are general information, not advice for any one person.
Follow Every Condition
Bond or DFPS conditions about contact with the child or person must be followed exactly.
Be Careful With Caseworkers
Statements to a caseworker can be used in the criminal case.
Gather Medical And Care Records
Records of the person's health and of who cared for them can matter.
Map Who Had Care And When
Write down the caregivers and the timeline around the injury.
Do Not Question The Child Or Person
Talking with them about the case can create problems and evidence.
Avoid Social Media
Posts about the family or the case can be used by the state.
Speak with a lawyer before giving any statement to investigators or an agency. A felony in this category can touch custody, employment and licensing along with liberty. Mitchell Law Firm offers a confidential conversation about an injury to a child, elderly or disabled person charge in Montgomery County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 22: Injury to a child, elderly individual or disabled individual
- Texas Penal Code Chapter 6: Culpable mental states
- Texas Penal Code Chapter 9: Justification, including parental discipline
- Texas Penal Code Chapter 12: Punishment ranges
- Texas Code of Criminal Procedure Chapter 42A: Community supervision and listed offenses
- Texas Family Code Chapter 261: Investigation of reports of child abuse or neglect
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Conroe trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Assault Charges
Other Assault Charges Handled In Conroe, TX
These cases often come with family violence findings, protective orders and a separate agency investigation. See the full Assault Crimes defense overview for Conroe.
Assault
One statute, three kinds of accusation, and a range that runs from a fine-only ticket to a felony.
Aggravated Assault
An assault plus serious bodily injury or a deadly weapon: a second degree felony, and first degree in situations the statute lists.
Vehicular Assault
Not an offense by that name in Texas. An injury crash is charged under one of four statutes, and the one chosen sets the range.
Deadly Conduct
Creating a risk of serious injury with no one needing to be hurt: a Class A misdemeanor, or a third degree felony when shots are fired.
Family Violence
An assault or threat between family, household members or dating partners, with protective orders, firearm limits and a finding that stays on the record.
Kidnapping
Unlawful restraint, kidnapping and aggravated kidnapping: three levels of one idea, separated by intent, deadly force and purpose.
Terroristic Threats
A threat of violence made with a listed purpose: Class B at the base, and up to a third degree felony depending on the target and the intent.
Common Questions
Injury To A Child Or Elderly Person Questions People In Conroe Ask
What is the lowest level of injury to a child in Conroe, TX?
The lowest level under Texas Penal Code § 22.04 is a state jail felony, punishable by 180 days to two years in a state jail and a fine of up to $10,000. Recklessly causing bodily injury and causing injury with criminal negligence are both charged at that level. Every other level is a felony of the third, second or first degree.
Who counts as elderly or disabled under § 22.04 in Montgomery County?
An elderly individual is a person 65 years of age or older. A disabled individual is a person of any age who, because of a physical or mental condition, is substantially unable to protect themselves from harm or to provide their own food, shelter or medical care. A child is a person 14 years of age or younger.
Can a caregiver in Conroe, TX be charged for failing to act?
Section 22.04 allows a charge based on an omission when the person had a legal or statutory duty to act, or had assumed care, custody or control of the child, elderly individual or disabled individual. A parent, a paid caregiver or a relative who took over an elderly person's care can fall within that language. The state must prove the duty and the required mental state.
What is the punishment for seriously injuring an elderly person in Montgomery County?
Intentionally or knowingly causing serious bodily injury to an elderly individual is a first degree felony, with five to ninety-nine years or life and a fine of up to $10,000. When the state alleges the serious injury was caused recklessly, the offense is a second degree felony, with two to twenty years.
Is spanking a child a crime in Conroe, TX?
Penal Code § 9.61 justifies non-deadly force against a child younger than 18 when a parent, stepparent or person standing in place of a parent reasonably believes it is necessary to discipline the child or safeguard the child's welfare. Whether that justification fits depends on the force used and the facts, and it is a question for the judge or jury.
Does an injury to a child case in Conroe, TX involve CPS?
An allegation involving a child can lead the Texas Department of Family and Protective Services to open its own investigation, separate from the criminal case in Montgomery County. That investigation follows civil rules and timelines, it can affect custody and visitation, and statements to its caseworkers can be offered as evidence in the criminal case.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A felony involving a child or an aging parent can reach work, housing and family at the same time. Calling early leaves more of the options on the table.
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