Dallas Child Abuse Defense Lawyer | Fight Felony Charges

Don’t Wait to Protect Yourself Against Child Abuse Allegations

Early legal intervention often determines whether charges are filed or dropped. Many people make irreversible mistakes during the investigation phase because they don’t understand their rights or the severity of the situation they’re facing.

Child Protective Services (CPS) and law enforcement frequently begin investigating allegations before making an arrest. During this period, anything you say can and will be used against you in both criminal and family court proceedings. Investigators are trained to elicit incriminating statements, even from innocent people trying to cooperate.

Our Dallas criminal defense attorneys step in immediately to:

• Protect your rights during questioning by law enforcement or CPS investigators
• Prevent damaging statements that could be misinterpreted or taken out of context
• Begin building your defense before charges are formally filed
• Preserve critical evidence including medical records, witness statements, and communications
• Challenge unlawful investigations that violate your constitutional protections

We’ve seen cases where early legal representation prevented charges from being filed entirely. In other situations, the work we do during the investigation phase becomes the foundation for a successful defense at trial.

Don’t speak to investigators without an attorney present. Call our office immediately at (972) 528-0116.

What to Do If You Are Accused of Child Abuse in Dallas

Your actions in the hours and days following an accusation will significantly impact your case outcome. Follow these steps to protect yourself:

1. Do not speak to police or CPS without an attorney — Investigators are not on your side, even if they seem sympathetic. Exercise your right to remain silent until you have legal representation.
2. Avoid contacting the alleged victim — Any contact, including through third parties, can be characterized as witness tampering or intimidation.
3. Preserve all evidence and communications — Save text messages, emails, phone records, medical documentation, and any other materials relevant to the allegations.
4. Document your relationship with the child — Write down your history of caring for the child, including positive interactions and any prior concerns you raised about the child’s welfare.
5. Hire a defense lawyer immediately — The earlier we get involved, the more options we have to protect your rights and build your defense.
6. Follow all court orders strictly — If protective orders or custody restrictions are in place, comply completely while we work to modify or remove them.

How Our Dallas Child Abuse Defense Lawyers Can Help

Our Dallas criminal defense lawyer team provides:

Immediate Legal Protection — Once you hire us, all communication with law enforcement and CPS goes through our office.

Thorough Case Investigation — We independently review CPS reports, police statements, medical records, and witness accounts to identify inconsistencies and exculpatory evidence.

Expert Witness Consultation — We work with pediatric specialists, biomechanical experts, and child development professionals to challenge medical evidence and misdiagnoses.

Aggressive Court Representation — We fight at every stage including bond hearings, pretrial motions, plea negotiations, and jury trials.

Family Court Coordination — We coordinate with family law attorneys to protect your parental rights while defending the criminal charges.

Why Choose Our Dallas Child Abuse Defense Attorneys

Local Dallas County Experience — Attorney Richard C. McConathy has practiced criminal defense in Dallas County courts since 2002. We know the prosecutors, judges, and court procedures, allowing us to anticipate strategies and identify opportunities others might miss.

Aggressive Representation — We don’t plead cases that should be fought. When the evidence supports it, we take cases to trial and hold the state to its burden of proof.

Client-Focused Service — You’ll work directly with our attorneys, not paralegals or junior associates. We keep you informed throughout the process and make ourselves available when you have questions or concerns.

Types of Child Abuse Charges We Defend in Texas

Texas law defines several categories of child abuse, each carrying severe criminal penalties. Understanding the specific charge you’re facing is the first step in building your defense.

Injury to a Child

Texas Penal Code § 22.04 criminalizes causing physical or mental injury to a child 14 years old or younger, or causing injury to a child, elderly individual, or disabled person by omission (failing to act). This charge covers:

• Physical injuries ranging from bruises to broken bones
• Mental or emotional injury
• Failure to provide necessary care that results in harm

Penalties vary based on intent and injury severity:

• Recklessly causing injury: state jail felony (180 days to 2 years)
• Intentionally or knowingly causing injury: third-degree felony (2-10 years)
• Causing serious bodily injury: second-degree felony (2-20 years)
• Causing serious bodily injury with intent: first-degree felony (5-99 years or life)

Child Endangerment

Also prosecuted under § 22.04, child endangerment charges apply when someone places a child in imminent danger of death, bodily injury, or physical or mental impairment—even if no actual injury occurs.

Common scenarios include:

• Leaving children in dangerous situations or environments
• Driving while intoxicated with a child passenger (see DWI with a child charges)
• Exposing children to drug manufacturing or use
• Failing to protect a child from another person’s abuse

The state doesn’t need to prove actual harm occurred, only that the danger was imminent and substantial.

Child Neglect

Neglect charges involve failing to provide necessary care, supervision, or resources for a child’s physical, mental, or emotional well-being. Examples include:

• Withholding food, shelter, or medical care
• Abandonment
• Inadequate supervision resulting in harm or danger
• Failure to provide education

Sexual Abuse Allegations

Sexual abuse of a child represents the most serious category of child abuse charges. These allegations fall under various Texas statutes depending on the specific conduct alleged.

Common charges include continuous sexual abuse of a child, indecency with a child, and sexual assault of a child. These are first or second-degree felonies carrying:

• Mandatory prison time (no probation eligibility for some offenses)
• Lifelong sex offender registration
• Residency and employment restrictions
• Loss of parental rights

Our firm has extensive experience defending sex crime allegations. Learn more about our approach on our child sexual abuse defense lawyer page.

Penalties for Child Abuse Charges in Texas

Child abuse convictions carry some of the harshest penalties in Texas law. Beyond incarceration, these convictions trigger lifelong consequences that impact every aspect of your future.

Prison Sentences by Offense Level

Collateral Consequences

Criminal penalties represent only part of what you face. A child abuse conviction also results in:

Permanent Criminal Record — Felony convictions cannot be sealed or expunged in Texas. This record follows you for life, appearing in employment background checks, housing applications, and professional licensing reviews.

Loss of Parental Rights — Family courts can terminate your parental rights based on a criminal conviction for child abuse. Even without termination, you may face supervised visitation or complete loss of custody.

Sex Offender Registration — Sexual abuse convictions require registration as a sex offender for 10 years to life, depending on the offense. This public listing restricts where you can live and work.

Employment Barriers — Many careers become inaccessible with a child abuse conviction, including teaching, healthcare, childcare, and any position involving vulnerable populations.

Professional License Revocation — State licensing boards can suspend or revoke professional licenses based on felony convictions, particularly those involving moral turpitude.

Immigration Consequences — Non-citizens convicted of child abuse face deportation and permanent inadmissibility to the United States.

⚖️ Defense Strategies for Child Abuse Cases

Every case requires a defense strategy tailored to the specific facts, evidence, and circumstances. Our attorneys have successfully defended child abuse allegations using various approaches.

False Accusations

Child abuse allegations often arise from custody disputes, divorce proceedings, or relationship conflicts. A parent, ex-partner, or family member may fabricate or exaggerate claims to gain advantage in family court or seek revenge.

We investigate the accuser’s motivations and document evidence of bias, including:

• Ongoing custody litigation
• Recent relationship deterioration
• Prior threats to make false reports
• Inconsistent statements about the allegations
• Evidence of coaching the child

Lack of Evidence

The state bears the burden of proving guilt beyond a reasonable doubt. Accusations are not evidence. We challenge cases where the prosecution relies on:

• Uncorroborated allegations without physical evidence
• Vague or inconsistent witness statements
• Lack of medical documentation supporting abuse claims
• Absence of independent witnesses

Medical Misinterpretation

Medical professionals sometimes incorrectly attribute accidental injuries or medical conditions to abuse. Common areas of misdiagnosis include:

• Fractures in children with osteogenesis imperfecta (brittle bone disease)
• Bruising patterns in children with bleeding disorders
• Subdural hematomas attributed to shaken baby syndrome without proper differential diagnosis
• Skin conditions mistaken for cigarette burns or other intentional injuries

We consult with independent medical experts to provide alternative explanations for injuries and challenge the state’s medical witnesses.

Accidental Injury

Children suffer accidental injuries during normal childhood activities. We present evidence showing:

• The injury is consistent with the child’s developmental stage and activities
• No pattern of repeated injuries suggesting ongoing abuse
• The explanation provided is medically and logically sound
• The severity of injury is proportional to the reported incident

Constitutional Violations

Law enforcement and CPS investigators must respect your constitutional rights. We file motions to suppress evidence obtained through:

• Unlawful searches of your home or vehicle
• Coerced confessions or statements
• Interrogation after invoking the right to remain silent or right to an attorney
• Violation of Miranda rights

When evidence is obtained illegally, we file motions to suppress that evidence, which can result in dismissed charges or significantly weakened prosecution cases. We’ve successfully challenged constitutional violations in Dallas County courts and apply this same rigorous analysis to child abuse cases.

Insufficient Evidence of Intent

Many child abuse statutes require proof of intentional or knowing conduct. We challenge whether the state can prove you acted with the required mental state, especially in cases involving:

• Accidents mischaracterized as intentional harm
• Failure to act (omission) when you were unaware of danger
• Situations where someone else caused the injury

The Legal Process for Child Abuse Cases in Dallas

Understanding what to expect helps reduce anxiety and allows you to prepare for each stage of the process.

Investigation Phase

CPS is required to investigate reports within 24 to 72 hours. During this phase, investigators may interview the child and witnesses, request medical examinations, inspect your home, photograph injuries, and request statements.

This is the most important time to have an attorney to prevent you from making statements that can be used against you.

Arrest or Charges Filed

If investigators believe they have sufficient evidence, you may be arrested or receive notice that charges have been filed. You’ll be transported to Lew Sterrett Justice Center (111 West Commerce Street) for booking and processing.

The booking process includes:

• Fingerprinting and photographing
• Property inventory
• Background check
• Medical screening
• Housing assignment

This process typically takes 4-8 hours, though it can extend longer during busy periods. Once booked, you’ll wait for your arraignment hearing.

Arraignment at Frank Crowley Courts

Your first court appearance—the arraignment—occurs within 24-72 hours of arrest. This hearing takes place at the Frank Crowley Courts Building (133 N. Riverfront Boulevard), connected to Lew Sterrett by an enclosed walkway.

What Happens at Arraignment:

The magistrate judge will:

• Formally read the charges against you
• Inform you of your constitutional rights
• Set or confirm bond amount
• Ask you to enter a plea (guilty, not guilty, or no contest)
• Set future court dates

We typically advise pleading “not guilty” at arraignment. This preserves all your legal options and gives us time to investigate the allegations, review evidence, and build your defense strategy.

The courtroom will be formal. Address the judge as “Your Honor.” Dress conservatively if possible. Do not argue or interrupt. Let your attorney speak for you.

After arraignment, if bond is posted, you’ll be released with written conditions. If you remain in custody, we immediately begin working on bond reduction motions.

Bond Hearing

After arrest, you’ll be transported to the Lew Sterrett Justice Center at 111 West Commerce Street, Dallas, TX 75202 for booking and processing. Within 24-72 hours, you’ll appear before a magistrate judge for your initial arraignment, where the judge formally reads the charges and sets bond.

The bond amount depends on several factors:

• Severity of the charges (felony level)
• Prior criminal history
• Flight risk assessment
• Community ties to Dallas County
• Employment status
• Nature of the allegations

Judges may impose conditions of release including:

• No contact with the alleged victim
• Protective orders
• GPS monitoring
• Supervised visitation only
• Surrender of passport
• Regular check-ins with pretrial services

Bond Options in Dallas County:

• Cash Bond — Full amount paid to the court, refunded minus fees when case concludes
• Surety Bond — 10-15% paid to a bail bondsman (non-refundable)
• Personal Recognizance (PR) Bond — Released on promise to appear, available in limited circumstances through Dallas County Pretrial Services ($20 or 3% of bond amount, whichever is greater)

If you cannot afford the initial bond amount, we file bond reduction motions and argue for lower amounts or modified conditions. Time is critical—the faster you secure representation, the faster we can work on getting you released.

For general jail information, call Lew Sterrett at (214) 761-9025. However, do not discuss your case over recorded jail phone lines without your attorney present.

Pretrial and Evidence Review

The pretrial phase involves extensive investigation, legal research, and motion practice:

• Review all evidence through discovery
• Depose witnesses
• Consult expert witnesses
• File motions to suppress evidence or dismiss charges
• Negotiate with prosecutors
• Prepare for trial

Child abuse felony cases are prosecuted in the Criminal District Courts at the Frank Crowley Courts Building (133 N. Riverfront Boulevard). The pretrial phase often takes months or over a year. We use this time to build the strongest possible defense, consulting medical experts, investigating false accusation motives, and identifying constitutional violations.

Trial or Plea Negotiations

Most cases resolve through plea negotiations, where the state offers reduced charges or sentencing recommendations in exchange for a guilty plea. We carefully evaluate whether any plea offer serves your best interests.

When the evidence supports it, we take cases to trial and force the state to prove every element of the offense beyond a reasonable doubt.

What to Expect at Frank Crowley Courts Building

If you’re appearing at the Frank Crowley Courts Building (133 N. Riverfront Boulevard) for hearings, here’s what you need to know:

Getting There:

Frank Crowley is located in downtown Dallas near the Trinity River, directly connected to Lew Sterrett Justice Center by an enclosed walkway. Parking is available in adjacent lots (fees apply, typically $4-$10).

Public transportation: DART Bus Route 35 stops nearby. The facility is approximately 2 miles west of the George Allen Courts Building and 1 mile from Dallas City Hall.

What to Bring:

• Valid government-issued photo ID
• Case number and court information
• Notepad and pen (phones may not be permitted in courtrooms)
• Professional attire

What NOT to Bring:

• Weapons of any kind
• Cell phones (check local court rules—some courtrooms prohibit them)
• Large bags or backpacks
• Food or beverages

Security Screening:

Everyone entering Frank Crowley must pass through metal detectors. Arrive at least 30 minutes before your hearing time to account for security lines, finding your assigned courtroom, and checking in with court staff.

Courtroom Etiquette:

• Turn off all electronic devices
• Stand when the judge enters or exits
• Address the judge as “Your Honor”
• Do not speak unless addressed by the judge
• No chewing gum, eating, or drinking in the courtroom
• Dress conservatively—no shorts, tank tops, or revealing clothing

Your attorney will guide you through each hearing and explain what to expect. If you’re unsure about anything, ask your lawyer before entering the courtroom.

Related Criminal Charges We Handle

Child abuse cases sometimes involve additional charges or arise alongside other criminal allegations. Our firm has extensive experience defending:

• Kidnapping charges
• Sex trafficking allegations
• Domestic violence and family assault
• Drug possession or manufacturing charges (when abuse allegations stem from drug use in the home)
• DWI offenses involving children

We handle all aspects of your defense, coordinating strategy across multiple charges when necessary.

Long-Term Consequences of a Child Abuse Conviction

Even after completing your sentence, a child abuse conviction continues impacting your life in profound ways.

Employment Limitations — Background checks reveal your conviction to potential employers. Many industries, particularly those involving children or vulnerable populations, are permanently closed to you. Professional careers requiring state licenses (teaching, nursing, social work) become inaccessible.

Housing Restrictions — Landlords routinely deny rental applications from people with felony convictions. Some sex offender registration requirements further restrict where you can live.

Family Court Implications — Your conviction provides grounds for terminating parental rights or imposing severe custody restrictions. Even grandparent visitation can be denied based on a child abuse conviction.

Immigration Status — Child abuse convictions trigger mandatory deportation for non-citizens and bar reentry to the United States. Some convictions make you permanently inadmissible, even if you later receive a pardon.

Social Stigma — Few accusations carry more social stigma than child abuse. Your reputation in the community may never fully recover, regardless of the facts underlying your case.

These permanent consequences make fighting the charges more important than accepting a quick plea deal. We’ve seen clients pressured into guilty pleas who later deeply regret not taking their case to trial.

Contact a Dallas Child Abuse Defense Lawyer Today

Allegations like this can spiral quickly — especially if you try to handle them on your own.

One wrong statement, one conversation, or one attempt to “explain” things can be taken out of context and used against you.

This isn’t something you want to navigate without a defense in place.

At The Law Offices of Richard C. McConathy, we’ve spent decades defending serious criminal charges across Dallas County. We step in early, protect your position, and make sure nothing is said or done that puts you at a disadvantage.

📞 Call (972) 528-0116 now to speak directly with our office.

We’ll help you understand what to do next — and what to avoid — so you don’t make this situation harder than it already is.

Frequently Asked Questions

What qualifies as child abuse in Texas?

Texas law defines child abuse broadly to include physical injury, mental or emotional injury, sexual abuse, neglect, and child endangerment. Under Texas Penal Code § 22.04, abuse includes causing injury through action or omission, or placing a child in imminent danger of harm even without actual injury occurring.

Is child abuse a felony in Texas?

Yes, child abuse charges in Texas are typically felonies ranging from state jail felonies to first-degree felonies depending on the severity of injury and the defendant’s mental state. Penalties range from 180 days to life in prison. Even without physical injury, child endangerment can be prosecuted as a state jail or third-degree felony.

Can false accusations of child abuse be defended?

Absolutely. False accusations are unfortunately common in child abuse cases, particularly during custody disputes or relationship conflicts. We investigate the accuser’s motivations, document inconsistencies in their statements, identify evidence of bias or coaching, and present evidence contradicting the allegations.

What should I do if CPS contacts me?

Exercise your right to remain silent and contact an attorney immediately. Do not allow CPS into your home without a warrant unless required by law. Do not sign documents or provide statements without legal representation. Anything you say can be used against you in both criminal and family court proceedings. CPS investigators are not on your side, even if they seem friendly or claim they just want to “clear things up.” Call our office at (972) 528-0116 before speaking with any investigator.

How long does the statute of limitations give prosecutors to file child abuse charges in Texas?

The statute of limitations varies significantly depending on the specific offense and circumstances. Under Texas Code of Criminal Procedure Article 12.01, injury to a child punishable as a first-degree felony has a 10-year statute of limitations. However, sexual abuse offenses against children (such as sexual assault of a child, aggravated sexual assault, indecency with a child, and continuous sexual abuse) have no statute of limitations and can be prosecuted at any time.

For non-sexual child abuse felonies not specifically listed, the default limitation is typically 3 years. The timing rules are highly case-specific, which is why immediate consultation with a defense attorney is essential to understand your situation.