Assault Pattern of Child Abuse

Assault is already a serious charge in Minnesota, but when a child is the alleged victim, you can expect to be prosecuted to the fullest extent. Assaulting a child when you already have a history of assaulting the same child will not look good to a judge or jury. They will paint you as a child abuser and likely sentence you to the maximum penalties.

It cannot be stressed enough how crucial it is you retain legal representation. You should not take the chances of representing yourself, even if you are innocent. The consequences of doing so are far more taxing that hiring a criminal defense attorney.

Criminal Defense Attorney in Apple Valley

Retaining legal counsel should be the first thing you do if you have been accused of assaulting a child. James Blumberg is a tenacious criminal defense attorney with a proven record of defending assault crimes. He will evaluate the facts of your case and ensure the court hears your side of the story.

Take advantage of our free consultation. Call (952) 431-7758 to schedule a time to speak with us. Some of the areas James Blumberg Law serves include Apple Valley, Ham Lake, Chaska and Minneapolis.

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What is Past Pattern of Child Abuse?

Past pattern of child abuse can be a difficult charge to grasp. For one, being charged with the offense means you are suspected of abusing a child, but there is evidence you have abused the same child in the past. Keep in mind; a past pattern of child abuse does not require a previous conviction of a child abuse offense. Evidence you engaged in the act before you were charged with assault will suffice. This can include bruises on the child and testimony from the alleged victim and other witnesses.

Various crimes in Minnesota are considered child abuse, such as:

  • Physical abuse: Physical abuse is the most common form of child abuse. The act involves intentionally inflicting physical harm on a child. This can include kicking, threatening with a weapon or hitting with a closed fist. Corporal punishment, however, is not considered physical abuse. This form of punishment will only become physical abuse if it caused physical injury.
  • Child endangerment: A child is considered endangered if they are intentionally placed in a situation that is likely to cause substantial harm. This type of harm can be physical, mental or emotional. Typical examples include leaving a child in a hot car, leaving a child with a known abuser or placing a child near dangerous weapons.
  • Neglect: Neglect is grouped with endangerment, but the two acts vary. Neglect involves intentionally failing to provide care for a child. Negligent acts can include failing to feed a child, provide clothes or appropriate medical treatment when necessary
  • Sexual abuse: Sexual abuse is also a form of child abuse in Minnesota. This offense involves an adult using a child for sex acts. Children can also be guilty of the offense if they are older and more powerful than the other child.

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How is Past Pattern of Child Abused Charged in Minnesota?  

Unlike other assault crimes, past pattern of child abuse does not require the child to suffer a certain level of harm. Whether it was a broken bone, or a few minor bruises will be irrelevant to the court. Simply harming the child with a history of doing so is enough to be charged with the offense. Evidence of past child abuse can range from convictions of the offense to testimony from the child.

Past pattern of child abuse is classified as assault in the third degree, which is a felony in Minnesota. You could face the following penalties if convicted:

  • Up to five years in prison; or
  • A fine of up to $10,000; or
  • Both a fine and incarceration

Child protective services will also get involved if you are the parent of the abused child. They will likely remove the child from your home and place them in foster care of with another family member. Not only this, but you will have a felony mark on your criminal record, which will have far-reaching consequences after your sentence has been served.

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Additional Resources

Assault in the Third Degree | Minnesota Statutes – It’s advised you read up on the state laws governing an offense you have been charged with. You can learn more about third-degree assault by following the link. You can gain access to other assaultive acts classified as third-degree assault and learn more about past pattern of child abuse.

Child Abuse | City of Minneapolis – Follow the link provided to learn more about child abuse. You can view a list of acts considered child abuse, how to report suspected child abuse and the penalties for failing to do so. The information is provided by the City of Minneapolis.

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Criminal Defense Lawyer in Apple Valley

Were you falsely accused of assaulting a child? Was the arresting officer not willing to listen to your side of the story? If so, you have come to the right place. James Blumberg understands how trying this time is. He will work tirelessly on your behalf to ensure the best possible outcome is achieved.

The sooner you contact James Blumberg Law, the sooner we can get to work on your case. We are based in Dakota County but also defend clients in areas such as Anoka County, Carver County and Hennepin County.

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