The Indiana legislature has enacted harsh penalties for domestic violence offenses, making the need for an accomplished Indianapolis dependency and neglect lawyer that much greater if you are facing charges. A charge brought under one of these statutes is a serious matter that may result in lengthy jail terms and substantial fines if it results in a conviction. This is especially true when the offense involves children. According to the Child Welfare League of America, Indiana had 116,626 total referrals for child abuse and neglect in 2011, of which 61,473 were referred for investigation. In that same year, 17,930 children were victims of abuse or neglect, which is the equivalent of a rate of 11.2 per 1,000 children. 87.1% of these children were considered neglected. Sadly, in 2011 alone, 34 children in the state died as a result of abuse or neglect.
If you have been charged with neglect of a dependent in the Indianapolis or Central Indiana area, you should seek the assistance of an experienced domestic violence defense attorney. The potential consequences of a conviction are severe, and you need an effective advocate by your side. The attorneys at Eskew Law have extensive experience in domestic violence charges, including neglect of a dependent, and can assist you in determining your next steps.
Under Ind. Code § 35-46-1, a dependent is defined as an unemancipated person who is under 18 years of age or a person of any age who has a mental or physical disability. A person commits the offense of neglect of a dependent if that person has care of a dependent assumed voluntarily or through a legal obligation and knowingly or intentionally:
Normally, this offense is considered a Level 6 felony that, under Ind. Code § 35-50-2-7, carries a mandatory potential prison term of between six months and two and a half years and a fine not exceeding $10,000. If you have any questions regarding what defines neglect of a dependent, contact a knowledgeable Indianapolis dependency and neglect attorney who has experience dealing with these specific cases.
There are certain circumstances where neglect of a dependent is considered a more serious offense under Ind. Code § 35-46-1-4. These include the following.
If the offense results in bodily injury or is committed in a location where a person is dealing in cocaine or narcotic drugs, manufacturing methamphetamines, or is the result of dealing with the above-referenced drugs, it is considered a Level 5 felony. Level 5 felonies are punishable under Ind. Code § 35-50-2-6, with between one and six years in prison and a fine not exceeding $10,000. It may also be considered a Level 5 felony if it consists of cruel confinement or abandonment that:
If the offense results in serious bodily injury, it is considered a Level 3 felony punishable by a prison term of between six and 20 years and a fine not exceeding $10,000, under Ind. Code § 35-50-2-5. If someone who is at least 28 years old commits the offense, which results in the death of a dependent who is less than 14 years old, it is considered a Level 1 felony. These are the most serious felonies and, under Ind. Code § 35-20-2-4, are punishable by between 20 and 40 years in prison and a fine not exceeding $10,000.
Regardless of which level of felony you are facing, our dedicated Indianapolis attorneys are here to help defend you against charges for dependent neglect.
Contact Chris Eskew at Eskew Law if you are facing a charge of neglect of a dependent. Our firm will review the circumstances of your case and provide advice on the best defense strategy possible. To speak with an Indianapolis dependency and neglect lawyer, you may call us at (317) 699-4655 or contact us online.
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Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
