Hampton Roads Risk of Injury to a Minor Lawyer

In Hampton Roads, being charged with risk of injury to a minor is a serious offense. A conviction for this offense could lead to potential fines, court-mandated orders, and possible jail time. The trial process for this type of charge could potentially be long and take up a lot of your time.

If you have been charged with a risk of injury to a minor offense in Hampton Roads, do not hesitate to contact an experienced domestic violence attorney. A Hampton Roads risk of injury to a minor lawyer may be able to provide you with the legal representation that you deserve.

Behaviors that Constitute Risk of Injury to a Minor

Cases that involve risk of injury to a minor are often fact-specific and are covered under similar statutes to child abuse. Often times, child neglect is involved, where either a person’s actions or inactions could cause their child, or a child in their care, to be seriously injured.

One common way people have been charged with child neglect is when they are driving recklessly at a high rate of speed and they have a child in the backseat. If someone has dangerous items in their house, such as illegal drugs, that can be considered child neglect because young children could possibly access illegal substances and kill themselves by accident.

What Happens if Someone Leaves a Child Unattended in a Car?

Depending on the circumstances, leaving a child unattended in a car could be considered child abuse. If the child is left in a hot vehicle, the individual could be charged with child abuse or with contributing to the delinquency of a minor as well. Anyone facing this type of charge could benefit from the advise of a Hampton Roads risk of injury to a minor lawyer.

If it is alleged that the person either did something that could have caused significant harm or did not do something that could have caused significant harm, and they realized that harm could have occurred and chose to either take the action or not take the action to prevent harm, then the person could be charged.

Driving at 100 miles per hour with a child in the backseat could be considered the risk of injury to a minor. If someone is doing something that is considered dangerous and they have their child with them, that could be considered child neglect.

Following a Risk of Injury Arrest

Once a person is arrested, they will be taken to a magistrate and, hopefully, given a bond. If not, the person will have to have a bond hearing. Usually, within the next six weeks or two months, the person will have a court appearance. Scheduling court appearances often depend on whether the offense is a felony or misdemeanor. There may be a trial that date or a preliminary hearing in which the judge will hear the case and the person will have an opportunity to put up evidence. Once in court, a Hampton Roads risk of injury to a minor lawyer knows that the Commonwealth will present the evidence that the person did what they are accused of doing.

Where Are Cases Tried?

Because a minor is involved, child endangerment cases are tried before the juvenile and domestic relations courts. If these charges are misdemeanors, they will be tried in the juvenile and domestic relations court. Felony risk of injury cases involve a preliminary hearing in the juvenile court.

Risk of Injury Cases Involving Sexual Contact or Conduct

There is a section of the law that says that if an individual engages in sexual acts with somebody between 15 and 18, that is considered contributing to the delinquency of a minor. There are separate charges for sexual assault on a minor depending on the conduct alleged.

If an individual is alleged to have committed some sort of sexual assault or sexual crime against a minor or a child, they are not likely to be charged under Virginia’s child abuse statutes or child neglect statutes. If the person allowed it to happen, they could be charged under those statutes with child neglect. To fight these offenses, speak with a Hampton Roads risk of injury to a minor lawyer as soon as possible.