Criminal Defense Attorney In Phoenix
Written By:
Charity Clark
Criminal Defense Lawyer
Licensed in Arizona since: 2012
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The information you obtain at this site is not, nor is it intended to be, legal advice. The Charity Clark Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

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Criminal Defense Attorney In Phoenix
Written By:
Charity Clark
Criminal Defense Lawyer
Licensed in Arizona since: 2012

Child and Vulnerable Adult Abuse Defense Attorney in Phoenix, AZ

Being charged with child abuse or vulnerable adult abuse in Phoenix, AZ, can be a frightening and and life-altering experience. Arizona takes these charges very seriously, and the penalties can include significant fines, jail time, and long-term consequences for your personal and professional life. These charges often come with complicated legal definitions, making it difficult to defend yourself. Understanding the seriousness of these accusations and how working with an experienced attorney can protect your future is important.

If you are facing these charges, you must contact an experienced defense attorney who can help you understand the legal process, review the evidence, and build a strong defense to protect your future. Getting legal help as soon as possible is essential to ensuring your rights are protected in these sensitive cases.

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Types of Child Abuse and the Abuse of Vulnerable Adults

According to Arizona law (ARS §13-3623), child abuse involves harm to anyone under 18. In contrast, vulnerable adult abuse refers to harming someone over 18 who, due to physical or mental disabilities, cannot protect themselves or seek help in a reasonable amount of time. A vulnerable adult, as defined by law, is someone who cannot defend themselves because of a disability or impairment.

In Arizona, child abuse and vulnerable adult abuse are categorized into two main types, depending on the nature of the abuse and other factors. The key difference between these categories lies in the level of harm caused or risked. In Category 1, the person responsible for the victim's care either directly causes the abuse, allows it to continue, or puts the victim in situations that endanger their health or life.

In Category 2, the abuse is less likely to result in death or serious physical injury, but the victim still suffers — or could suffer — physical harm, discomfort, or distress. Both categories involve serious legal consequences, but the level of harm and intent can influence the severity of the charges.

Category 1: Severe Abuse This category involves more severe cases where a caregiver or custodian places the victim in dangerous situations. These cases can lead to serious felony charges:

  • Class 2 Felony: When the abuse was intentional and knowing.
  • Class 3 Felony: When the abuse was done recklessly, showing disregard for the victim's safety.
  • Class 4 Felony: In cases of criminal negligence, where the caregiver knew the situation was dangerous but ignored the risks.

In Category 1, the term "reckless" refers to knowing the danger and ignoring it, which any reasonable person would find unacceptable. If the victim is under 15, the charges may be subject to the Dangerous Crimes Against Children Act (DACA), which brings even harsher penalties.

Category 2: Less Severe Abuse In Category 2, the abuse may not have posed a life-threatening risk but still caused harm or distress to the victim. This type of abuse can also lead to felony charges, even if the abuser didn't directly cause the harm but allowed it to continue:

  • Class 4 Felony: When the abuse or failure to act was intentional.
  • Class 5 Felony: When the abuse was reckless, meaning the person ignored the harm they were causing.
  • Class 6 Felony: When the abuse was due to criminal negligence, showing a failure to recognize or care about the risk of harm.

Both categories emphasize the seriousness of failing to protect children or vulnerable adults, with penalties depending on the level of intent and the harm caused.

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Penalties for Child and Vulnerable Adult Abuse in Arizona

In Arizona, the penalties for child abuse or vulnerable adult abuse are severe, and the specific punishment depends on the classification of the felony and the defendant's prior criminal history. These charges can range from a Class 6 felony to a Class 2 felony, with increasing levels of penalties based on the severity of the abuse and any previous felony convictions. It's critical to understand how these classifications work and the potential consequences you could face if convicted.

Class 6 Felony: This is the least severe felony classification for abuse charges, but the penalties are still significant.

  • For a first-time offense, you could face 0.25 to 2 years in prison.
  • With one prior felony, the sentence increases to 0.75 to 2.75 years.
  • If you have two prior felony convictions, the sentence ranges from 2.25 to 5.75 years.

Class 5 Felony: The penalties escalate for a Class 5 felony.

  • A first-time offense can result in 0.5 to 2.5 years in prison.
  • With one prior felony, the range increases to 1 to 3.75 years.
  • Two prior felonies could result in a prison sentence of 3 to 7.5 years.

Class 4 Felony: This level of offense brings even more substantial consequences.

  • A first-time offender may face 1 to 3.75 years in prison.
  • With one prior felony conviction, the sentence increases to 2.25 to 7.5 years.
  • If you have two prior felonies, you could spend 6 to 15 years in prison.

Class 3 Felony: This more serious charge comes with stricter penalties.

  • A first-time conviction can lead to 2 to 8.75 years in prison.
  • With one prior felony, the sentence increases to 3.25 to 16.25 years.
  • For individuals with two prior felonies, the prison term could be 7.5 to 25 years.

Class 2 Felony: The most severe charge of abuse falls under a Class 2 felony.

  • A first-time conviction could result in 3 to 12.5 years in prison.
  • With one prior felony, the sentence rises to 4.5 to 23 years.
  • If you have two prior felony convictions, the penalties are harsh, ranging from 10.5 to 35 years in prison.

These penalties highlight the seriousness of child abuse or vulnerable adult abuse charges in Arizona. The potential for long prison sentences, even for first-time offenders, underscores the importance of seeking skilled legal representation. A top-ranking criminal defense attorney like Charity Clark can work to reduce your charges and help you avoid these harsh consequences.

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Kate Miller
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Charity Clark is one of the smartest attorneys I’ve ever met. She is aggressive, intelligent, and not afraid to fight for you. Her trial skills are unmatched. She knows how to handle a jury and argues the law like a champ. She will champion her client until the end and achieves real results.

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B. Isreal
5 Stars

Charity was amazing and took care of everything. She answered all my questions quickly and was so polite. They took care of my case with ease and definitely took a load off my shoulders. Not only did they both do great work they got the response from the court we were hoping for. Charity is "THE BEST".

Contact Charity Clark Law For A Free Case Evaluation

If you are facing charges of child abuse or vulnerable adult abuse in Phoenix, Arizona, the legal and emotional toll can be overwhelming. The stakes are high, with potential long-term prison sentences and life-altering consequences on the line. It is crucial to have an experienced and compassionate attorney by your side who understands the gravity of the situation and is prepared to defend your rights with diligence and care. Charity Clark has extensive experience in navigating these complex cases, providing personalized attention and a strategic defense tailored to each client’s unique circumstances.

At Charity Clark Law, we are dedicated to ensuring you receive a fair trial and the strongest defense possible. Charity will work tirelessly to investigate every aspect of your case, challenge the prosecution's evidence, and advocate for the best possible outcome. Don't face these charges alone—contact Charity Clark Law today for a free case evaluation and take the first step toward safeguarding your rights and future.

Attorney Charity Clark is based in Tempe but has worked all over the Phoenix metropolitan area and in many of Arizona's counties. For a free 30 minute consultation, contact our offices online or by phone today.

Need Help?
Free Consultation:

The information you obtain at this site is not, nor is it intended to be, legal advice. The Charity Clark Law team is licensed to practice law in Arizona. We invite you to contact us, but please be aware that contacting us does not establish an attorney-client relationship. Please do not send any confidential information to us until an attorney-client relationship has been established.

Legal Disclaimer
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