Abuse is defined as the misuse of something or the mistreatment of someone. In Virginia law, there are two different types of abuse. There is child abuse which is defined as the mistreatment of a child. This abuse can come in different ways. These include physical, psychological and mental. The other type of abuse is abuse of an incapacitated adult. The adult may be mentally or physically incapacitated. Abuse against a child or incapacitated adult can result from the neglect of the child or incapacitated adult. The latter type of abuse can be classified as a misdemeanor or a felony depending on the conditions and manner in which the abuse was committed. Child abuse is always classified as a serious crime.
Virginia abuse laws state that for a case to be recognized as a crime of child abuse, the following conditions must be present:
- The offender is the parent, guardian, or someone who was intended to care for the child;
- The abuser intentionally abused a child or acted unreasonably which led to him/her abusing the child; Y
- The offender caused an injury to the child.
The injury caused by the offender must be serious. Examples of these types of injuries include:
- Life-threatening internal injuries;
- Permanent injury to an extremity;
- cuts and
- Broken bones.
Child abuse is identified as a felony in all cases.. Child abuse in general is a crime that is taken as a class four felony. This means that the punishment for child abuse is a prison term that varies from two to ten years and a fine that can increase up to $100,000, but cannot be extended. The case is different when the abuse is in the form of neglect. Child abuse in the form of child neglect is recognized as a class six felony. This means that the punishment for child abuse in the form of child neglect is imprisonment for a term ranging from one to five years. In some cases, the court may decide to punish the felony with the same punishment given to class one or class A misdemeanors.
Virginia’s abuse laws make the abuse of incapacitated adults a felony. Abuse can come in two ways:
- The offender intentionally causes physical injury or mental pain.
- Punishing the adult by restricting him for treatment.
Virginia law also states that the offender must be a parent, guardian, or someone who volunteered to assume responsibility for the incapacitated adult. The punishment for such a crime depends on whether or not the incapacitated adult was injured. If the adult was injured, the case will be considered a class four felony and punished accordingly. In this case, the punishment will be imprisonment for a period of between two and ten years and/or a fine that may reach but not exceed $100,000. If the adult died from the abuse, the case will be considered a class three felony and punished accordingly. In this case, the offender will be punished with a prison sentence of five to 20 years and a fine that can reach $100,000. If the incapacitated adult was not injured, the offense will be taken as a class six felony. This means that the punishment will be one to five years in prison or the court chooses to punish the offender by treating the case as a class one or class A misdemeanor. In this case, the punishment will be a fine that can go up to $2500. and/or a period in jail that can reach a period of one year.
If you need a Virginia abuse attorney to help you with your Virginia abuse case, call us at 888-437-7747. Our Virginia abuse attorneys can help. C