Many Texans don’t realize that what seems like a momentary lapse in judgment could result in serious criminal accusations under Texas law. A parent disciplining their child, a caregiver assisting an elderly patient, or a healthcare worker handling a disabled resident—any of these situations can quickly escalate into felony charges carrying decades in prison.
Texas takes the protection of vulnerable individuals—children, elderly, and disabled persons—extremely seriously. Many defendants find themselves blindsided by these accusations, often stemming from misunderstandings, false reports, or situations where good intentions went wrong.
If you’re facing accusations involving injury to a vulnerable person in Texas, contact our experienced criminal defense attorneys at (972) 528-0478 immediately. The stakes are too high to navigate these complex charges alone.
What Does “Injury to a Vulnerable Person” Mean in Texas?
Under Texas Penal Code §22.04, the law defines vulnerable persons in three specific categories:
- Children: Individuals 14 years of age or younger
- Elderly: Persons 65 years of age or older
- Disabled: Individuals with mental or physical impairments that substantially limit their ability to care for themselves
The law criminalizes causing bodily injury to these vulnerable populations through:
- Intentional acts – Deliberately harming someone
- Reckless conduct – Acting with conscious disregard for substantial risk
- Criminal negligence – Failing to perceive a substantial risk that a reasonable person would recognize
Importantly, Texas law covers both acts of commission (doing something harmful) and acts of omission (failing to provide necessary care when you have a duty to do so).
Common Scenarios Leading to Charges
| Situation | Example | Potential Charge Level |
|---|---|---|
| Caregiver neglect | Nursing aide fails to turn bedridden patient | State jail felony |
| Excessive discipline | Parent leaves bruises during spanking | 3rd degree felony |
| Medical neglect | Withholding prescribed medication | 2nd degree felony |
| Abandonment | Leaving child unattended in dangerous situation | 1st degree felony |
Types of Charges and Penalties
Injury to a Child in Texas
Injury to a child Texas charges carry some of the harshest penalties in the state’s criminal code. The severity depends on the nature of the injury and intent:
- State jail felony: Criminal negligence resulting in bodily injury (180 days to 2 years)
- Third-degree felony: Reckless conduct causing bodily injury (2-10 years)
- Second-degree felony: Intentional or knowing conduct causing bodily injury (2-20 years)
- First-degree felony: Intentional or knowing conduct causing serious bodily injury (5-99 years or life)
When Child Protective Services (CPS) becomes involved, parents may also face family violence charges and potential loss of custody rights.
Additional resources: https://mcconathylaw.com/blog/child-abuse/
Injury to an Elderly Person in Texas
Injury to elderly person Texas charges recognize that seniors may be particularly vulnerable to abuse from caregivers, family members, or strangers. Healthcare workers and nursing home staff face heightened scrutiny under these statutes.
The offense classification mirrors injury to a child charges, with penalties ranging from state jail felonies to first-degree felonies based on intent and severity of injury.
Injury to a Disabled Person
Injury to disabled person Texas charges apply when the victim has mental or physical limitations that impair their ability to protect themselves. These cases often arise in:
- Group home settings
- Adult daycare facilities
- Home healthcare situations
- Family caregiving arrangements
Even rough physical handling during personal care can escalate to felony charges if it results in bruising or other injuries.
Penalties and Long-Term Consequences
The criminal penalties represent only part of the devastating impact these charges can have on your life. Beyond the substantial prison terms, convictions result in:
- Loss of parental rights and custody
- Professional license revocation for healthcare workers, teachers, and childcare providers
- Immigration consequences including deportation for non-citizens
- Permanent criminal record affecting employment, housing, and education opportunities
- Stigma of being labeled as someone who harms vulnerable individuals
Common Defenses Against These Charges
Defending injury to a vulnerable person charges requires understanding the unique dynamics that often surround these cases:
Lack of Intent or Misunderstanding
Many charges stem from accidental injuries or medical conditions mistaken for abuse. Children with bleeding disorders may develop bruises that appear suspicious to mandatory reporters, or elderly patients with fragile skin may bruise easily during routine care.
False Allegations During Custody Disputes
Injury to a child accusations sometimes arise during contentious divorces or custody battles. We thoroughly investigate the timing and circumstances of allegations to expose ulterior motives.
Medical Conditions Mistaken for Abuse
Conditions like osteogenesis imperfecta (brittle bone disease), Ehlers-Danlos syndrome, or certain skin conditions can create symptoms that mimic physical abuse. Expert medical testimony is often crucial in these cases.
Self-Defense or Defense of Others
When dealing with mentally ill or combative individuals, caregivers sometimes must use reasonable force to prevent harm. Texas law recognizes the right to use force when necessary to protect yourself or others from imminent danger.
Why These Charges Often Blindside Defendants
Most people facing these accusations never anticipated them. Common triggers include:
- Mandatory reporting by teachers, doctors, or social workers required by law to report suspected abuse
- Misinterpretation of normal childhood injuries or age-related conditions
- Family disputes where accusations become weapons
- Workplace incidents in healthcare or childcare settings
Hypothetical scenario: A home health aide was criminally charged after her elderly patient fell while being assisted to the bathroom. Despite no evidence of intentional harm, prosecutors argued excessive force contributed to the fall. This demonstrates how even routine caregiving can result in serious charges when accidents occur.
What to Do If You’re Accused
Don’t Speak to Police Without a Lawyer 🚫
Anything you say can and will be used against you in court. Even innocent explanations can be twisted to appear as admissions of guilt. Police officers are trained interrogators who know how to elicit statements that sound incriminating.
If you’re arrested in Dallas County, you’ll likely be processed at the Lew Sterrett Justice Center (111 W Commerce St, Dallas, TX 75202).
In Tarrant County, defendants are typically held at the Tarrant County Corrections Center (100 N. Lamar, Fort Worth, TX 76196). These facilities can be overwhelming and intimidating – another reason why immediate legal representation is crucial.
Common mistakes include:
- Trying to “explain what really happened”
- Minimizing your involvement
- Accepting responsibility for accidents
- Providing detailed timelines without legal counsel
Contact a Criminal Defense Attorney Immediately
These charges move quickly through the system. Early intervention by an experienced attorney can mean the difference between charges being filed or dismissed. We can:
- Communicate with investigators on your behalf
- Preserve crucial evidence before it disappears
- Interview witnesses while memories are fresh
- Challenge improper police procedures
Don’t wait—contact our criminal defense lawyer for immediate legal protection.
Understanding the Court Process and What to Expect
If charges are filed, you’ll face several court appearances in the Texas criminal justice system:
Arraignment: Your first court appearance typically occurs within 48-72 hours at facilities like the Frank Crowley Courts Building (133 N Riverfront Blvd, Dallas, TX 75207) or Tim Curry Criminal Justice Center (401 W Belknap St, Fort Worth, TX 76196).
Parking can be challenging – arrive early and expect to pay $5-10 for nearby lots. The George Allen Courts Building (600 Commerce St, Dallas, TX 75202) also handles many felony cases and is located near the West End Historic District.
Bond Considerations: Injury to vulnerable person charges often carry high bonds ranging from $25,000 to $100,000 or more. Factors affecting bond include:
- Severity of alleged injuries
- Your criminal history
- Flight risk assessment
- Community ties
Pre-trial Procedures: Cases may be heard in various district courts throughout Dallas and Tarrant Counties. The Records Building (509 Main St, Dallas, TX 75202) houses important case documents, while the George L. Allen Sr. Courts Building serves as another key venue near Dallas City Hall.
Preserve Evidence and Witnesses
Document everything related to your case:
- Text messages and emails
- Medical records and doctor reports
- Childcare or work schedules
- Witness contact information
- Photos of alleged injuries or accident scenes
Time-sensitive evidence can disappear quickly, making early preservation essential.
How Our Texas Criminal Defense Lawyers Can Help
At the Law Offices of Richard C. McConathy, we bring over 35 years of experience defending clients against injury to vulnerable person charges throughout North Texas.
Deep Knowledge of Texas Penal Code §22.04
Our legal team has handled hundreds of similar cases and understands the nuances of these complex statutes. We know how prosecutors build their cases and the most effective defense strategies for each type of charge.
Local Court Experience That Matters
We regularly practice in courtrooms throughout the Dallas-Fort Worth metroplex, including:
- Dallas County District Courts at the Frank Crowley Courts Building
- Tarrant County Criminal District Courts at the Tim Curry Criminal Justice Center
- Collin County Courts at the Collin County Courthouse (2100 Bloomdale Rd, McKinney, TX 75071)
- Denton County Courts near the historic Denton County Courthouse square
Our familiarity with local prosecutors, judges, and court procedures gives our clients a significant advantage.
Track Record of Success
We’ve handled numerous injury to vulnerable person cases throughout Dallas County and surrounding areas, defending against charges ranging from state jail felonies to first-degree felonies while protecting clients’ rights during parallel CPS investigations.
Navigating CPS Investigations
When Child Protective Services becomes involved, we coordinate with their offices at the Dallas CPS Regional Office (1341 W Mockingbird Ln, Dallas, TX 75247) and Tarrant County CPS (1000 Circle Dr, Fort Worth, TX 76119). We understand the dual challenge of defending criminal charges while protecting parental rights in family court proceedings.
Personalized Defense Strategy
Every case involving injury to vulnerable persons presents unique challenges. We thoroughly investigate each situation to develop a customized defense strategy addressing the specific facts and legal issues involved, while providing compassionate support during this difficult time.
Don’t let accusations destroy your future. Call the Law Offices of Richard C. McConathy at (972) 528-0478 or contact us online for immediate legal protection. We’re available 24/7 because we understand that arrests don’t happen on a convenient schedule.
Practical Information for Your Court Appearances:
- Dress Code: Business casual or formal attire required in all Texas courthouses
- Security: Arrive 30-45 minutes early for metal detectors and bag checks
- Parking: Most downtown Dallas courts charge $8-12 daily; consider the DART Rail Blue/Red lines to West End Station for courthouse access
- Documents: Bring photo ID, bond paperwork, and any court notices to every appearance
Frequently Asked Questions
Is injury to a child always a felony in Texas?
Yes, under Texas Penal Code §22.04, injury to a child is always classified as a felony, ranging from state jail felony to first-degree felony depending on the circumstances and intent involved.
What is the penalty for injuring an elderly person in Texas?
Penalties range from 180 days in state jail to life imprisonment, depending on whether the conduct was criminally negligent, reckless, or intentional. Criminal negligence carries the lightest sentence, while intentional injury can result in decades behind bars.
Can I be charged for failing to act if I was a caregiver?
Yes, Texas law criminalizes both acts of commission (doing something harmful) and acts of omission (failing to provide necessary care). If you had a legal duty to care for a vulnerable person and your failure to act caused injury, you can face felony charges.
How is “criminal negligence” defined under Texas law?
Criminal negligence occurs when a person fails to perceive a substantial and unjustifiable risk that would be apparent to a reasonable person in the same situation. This is the lowest level of culpability but still carries serious felony penalties.
Can I lose custody of my children if convicted?
Yes, convictions for injury to vulnerable persons often result in termination of parental rights and loss of custody. CPS typically becomes involved in these cases and may seek to remove children from the home even before criminal pro
ceedings conclude.
Family court proceedings often occur simultaneously with criminal cases at venues like the Henry Wade Juvenile Justice Center (2600 Lone Star Dr, Dallas, TX 75212) or the Family District Courts in the Tim Curry Criminal Justice Center. These parallel proceedings require coordinated legal strategy to protect both your freedom and your family relationships.