Injury to a Child in Texas | Charges, Penalties & Defenses

Few charges in Texas carry consequences as serious as injury to a child.

Under Penal Code § 22.04, a single allegation can lead to first-degree felony charges, CPS involvement, and penalties that can follow you for life—even when there was no intent to harm. These cases move quickly, and assumptions can turn into charges before the full story is ever heard.

At the Law Offices of Richard C. McConathy, we defend parents, caregivers, and family members across Dallas–Fort Worth against these accusations. Cases like this are often prosecuted aggressively and can overlap with broader areas of violent crime defense in Texas, making it critical to build a strong defense from the start.

This guide breaks down the charges, potential penalties, and the legal strategies used to protect your future.

How Texas Defines Injury to a Child Under § 22.04

A person commits injury to a child by intentionally, knowingly, recklessly, or with criminal negligence — by act or by omission — causing bodily injury, serious bodily injury, or serious mental deficiency, impairment, or injury to a child younger than 15.

The statute also protects elderly individuals (65 or older) and disabled individuals, but this article focuses on charges involving children.

Injury by Act vs. Injury by Omission

Most cases involve direct conduct — striking, shaking, burning, or otherwise harming a child. Texas, however, also criminalizes injury by omission, which is the failure to act when a duty exists.

A duty to act arises when a person assumes care, custody, or control of a child or has a legal or statutory duty. Common omission allegations include failing to seek medical care, leaving a child without food or supervision—conduct that may also be considered endangering a child, or allowing exposure to known abuse by another adult.

Bodily Injury, Serious Bodily Injury, and Serious Mental Deficiency

The severity of the alleged harm shapes the charge:

• Bodily injury means physical pain, illness, or any impairment of physical condition. Bruises and minor injuries qualify.
• Serious bodily injury means injury that creates a substantial risk of death, causes serious permanent disfigurement, or causes long-term loss or impairment of any bodily function or organ.
• Serious mental deficiency, impairment, or injury covers significant psychological or developmental harm.

The classification is fact-driven and is often disputed by defense experts.

Penalties Based on Injury and Mental State

Few Texas statutes combine injury type and mental state as directly as § 22.04. The same conduct can be a state jail felony or a first-degree felony depending on what the State proves.

First-Degree Felony Range

When a person intentionally or knowingly causes serious bodily injury or serious mental impairment to a child, the offense is a first-degree felony, punishable by 5 to 99 years (or life) in prison and a fine of up to $10,000.

Second-Degree Felony Range

The same serious injury caused recklessly is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

Causing bodily injury (not serious) to a child intentionally or knowingly is also a second-degree felony in many cases under § 22.04.

Third-Degree Felony Range

Causing bodily injury to a child recklessly is generally a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

State Jail Felony Range

Causing serious bodily injury or serious mental impairment with criminal negligence is a state jail felony, punishable by 180 days to 2 years and a fine of up to $10,000.

Many forms of § 22.04 are also classified as 3g offenses (now Article 42A.054 offenses), which significantly limits eligibility for community supervision after a finding of guilt.

If you have been arrested or are under investigation for injury to a child in North Texas, contact our Dallas Violent Crime Lawyer to discuss your case before speaking with police or CPS.

How Prosecutors Build an Injury to a Child Case

These cases typically begin with a hospital report or a CPS hotline call. Investigators rely on:

• Medical records and emergency room photographs
• Statements from doctors, nurses, and forensic examiners (often through a Children’s Advocacy Center)
• The accused’s statements to police, CPS, or family members
• Statements from siblings, neighbors, teachers, and witnesses
• Forensic interviews of the alleged victim
• Texts, social media, and home camera footage

Strong defense work begins by examining the medical evidence. Many injuries that look intentional are caused by accidents, pre-existing conditions, or medical events such as bleeding disorders.

Common Scenarios That Lead to Charges

Injury to a child cases arise from a wide range of facts. Common allegations include:

• Discipline that crossed the line: Bruises, marks, or welts from spanking can become the basis for a charge.
• Accidental injuries reported as suspicious: A fall down the stairs or off a bed may be misinterpreted by medical staff.
• Failure to seek medical care: Delaying treatment can support an omission charge.
• Co-sleeping deaths or injuries: Tragic outcomes can lead to criminal allegations even where no harm was intended.
• Boyfriend/girlfriend cases: Live-in partners are frequently charged when injuries occur.
• Caregiver and daycare cases: Babysitters, relatives, and daycare staff face heightened scrutiny.
• Failing to protect a child from another adult: A parent may be charged for not removing the child from a known abuser.

The mental state — intentional, knowing, reckless, or criminally negligent — usually decides which felony level applies.

Defenses to Injury to a Child Charges

Several defenses may apply, depending on the facts. Our attorneys evaluate each case individually.

• Lack of required mental state: Pure accidents may not meet the recklessness or criminal negligence standard. The State must prove the mental state, not just the injury.
• Alternative cause: Medical conditions, prior injuries, falls, and accidents can mimic abuse. Defense medical experts often play a critical role.
• No duty to act (omission cases): A person who never had care, custody, or control of the child cannot be guilty of injury by omission.
• Three-year-older defense: It is a defense that the actor was not more than three years older than the alleged child victim at the time of the offense.
• Notification of termination of care: A defense exists where the accused had previously notified the child, parent, or the Department of Family and Protective Services, in writing, that they no longer provided care.
• Religious healing: A narrow defense exists if the injury resulted from treatment using a recognized religious method of healing with a generally accepted rate of success.
• Family-violence affirmative defense: A defendant who is a victim of family violence under Texas Family Code § 71.004 may have an affirmative defense to a charge based on a failure to protect.
• Insufficient evidence: Many cases collapse when forensic interviews, medical records, or witness statements are tested under cross-examination.

How CPS Investigations Run Alongside the Criminal Case

Almost every § 22.04 allegation triggers a CPS investigation. CPS uses a lower burden of proof than the criminal court and may pursue a removal action even when criminal charges are dismissed.

Statements made to a CPS caseworker can be used in the criminal case. Anything you sign — including a “safety plan” or family service plan — has consequences in both forums. Our firm coordinates with family lawyers when needed to keep the strategy unified.

Collateral Consequences of a Conviction

A conviction under § 22.04 reaches far beyond the prison sentence:

• Loss of parental rights in family court
• Sex offender or child abuser registry exposure in some related cases
• Permanent criminal record that limits employment and housing
• Professional license discipline for nurses, teachers, and others
• Immigration consequences for non-citizens
• No expunction for a conviction; even deferred adjudication may not be sealable

Early defense work often determines whether these consequences ever attach.

Why You Should Speak With a Texas Defense Attorney

Injury to a child cases are aggressively prosecuted in Texas. Police, CPS, and prosecutors work as a coordinated team — and so should your defense.

Our attorneys at the Law Offices of Richard C. McConathy bring more than 35 years of experience defending serious felonies in North Texas. We investigate medical evidence, retain qualified experts, challenge interview techniques used at Children’s Advocacy Centers, and pursue dismissals or favorable resolutions wherever possible.

Contact Dallas criminal defense attorney for a confidential consultation. We represent clients throughout Dallas, Tarrant, Denton, Collin, and surrounding counties.

Frequently Asked Questions

Is spanking illegal in Texas?
Reasonable discipline by a parent is legal in Texas. Spanking can become criminal if it causes bodily injury, leaves marks beyond what is reasonable, or is performed in a way that creates a substantial risk of harm.

Can I be charged if I did not cause the injury?
Yes. Texas allows charges for injury by omission and for failure to protect a child from a known danger. The State must still prove a duty to act and the required mental state.

What is “serious bodily injury” under Texas law?
Serious bodily injury means injury that creates a substantial risk of death, causes permanent disfigurement, or causes long-term loss or impairment of any bodily function or organ.

Can the charge be reduced?
Yes, reductions are possible based on the facts. Plea negotiations, defense investigation, and expert review can support reductions to a lesser felony or even a misdemeanor in some cases.

Does Texas treat injury to a child as a 3g offense?
Many forms of § 22.04 are designated under Article 42A.054 (formerly 3g) of the Code of Criminal Procedure, which restricts eligibility for community supervision and parole after conviction.