Accused in Prescott or anywhere in Yavapai County? Child-abuse allegations can trigger both a criminal case and a DCS investigation. Get counsel before you speak with police, DCS, or school officials.
Free consultation — Ted Law (Prescott)
928-776-1782 • 140 N Montezuma St, Prescott, AZ 86301
What Arizona Law Calls “Child Abuse” (ARS § 13-3623)
Under Arizona law, “child abuse” includes any of the following involving a minor:
-
Causing physical injury,
-
Allowing a child’s health to be injured while in your care/custody, or
-
Placing a child in a situation that endangers health or safety,
-
As well as unlawful imprisonment and sexual abuse/assault.
The charge level depends on both risk/ injury and your mental state:
-
Criminal negligence → Class 4 felony if circumstances were likely to cause death/serious injury (Class 6 if not likely).
-
Recklessness → Class 3 felony (Class 5 if not likely).
-
Intentional/Knowing (child under 15) → Class 2 felony (Class 4 if not likely).
Arizona also treats exposing a child to toxic/volatile chemicals (e.g., drug-lab environments) as child abuse.
Lawful Discipline vs. Abuse: Where Prescott Courts Draw the Line
Parents may use reasonable corporal discipline. It crosses into criminal conduct when:
-
There is actual injury (e.g., patterned bruises, fractures),
-
The method creates a substantial risk of serious harm, or
-
The force is unreasonable for the child’s age/size and the situation (object used, duration, location of marks).
Situations that often lead to charges or DCS findings in Yavapai County:
-
Striking with objects (belts/cords), shaking, grabbing that leaves bruises,
-
Locking a child in a room/garage (unlawful imprisonment),
-
Withholding medical care or leaving a child in a vehicle,
-
Proximity to drug manufacture or volatile chemicals.
What the Prosecutor Must Prove
To convict, the State must show beyond a reasonable doubt:
-
Conduct: You caused/allowed injury or significant risk;
-
Causation: Your act/omission led to the injury/risk;
-
Mental state: Negligent, reckless, knowing, or intentional (as charged);
-
Victim/Jurisdiction: The person harmed was a child in Arizona.
Evidence can include medical records, photos, officer body-cam, DCS reports, school/medical-provider statements, and any statements you made.
Prescott-Specific Realities (Yavapai County)
-
Parallel DCS cases: DCS can impose safety plans or file dependency actions even if criminal charges are reduced or dismissed.
-
Mandatory reporters: YRMC providers, teachers, and counselors must report; many cases start here.
-
Release conditions: No-contact orders and temporary custody limits are common—violations create new charges.
Defenses We Often Use
Every case is fact-specific, but effective defenses may include:
-
Reasonable parental discipline (minor, transient marks; proportionate force),
-
No criminal negligence / accident (and prompt medical care sought),
-
Alternative cause (sports injuries, medical conditions, accidental mechanisms),
-
Insufficient or unreliable proof (inconsistent accounts; flawed forensic conclusions),
-
Constitutional violations (unlawful search, Miranda/interrogation issues),
-
DCS procedure challenges (improper child interviews; incomplete investigation).
If You’re Accused in Prescott: Do & Don’t
Do
-
Say: “I’m invoking my right to remain silent and my right to an attorney.”
-
Preserve evidence (date-stamped photos, texts, medical records); list witnesses.
-
Follow all court/DCS orders to the letter.
Don’t
-
Don’t speak to police or DCS without counsel.
-
Don’t contact the reporting party to “clear it up.”
-
Don’t post about the case online.
Possible Penalties (Snapshot)
Depending on the felony class and history, child-abuse convictions can bring prison, probation limits, fines/restitution, and long-term effects on gun rights, employment/licensing, immigration, and custody. A targeted strategy can sometimes reduce charges (e.g., to disorderly conduct or endangerment) or achieve dismissal where proof falls short.
Talk to a Prescott Child-Abuse Defense Lawyer Now
Early intervention can protect your rights and shape outcomes in both criminal court and DCS.
Ted Law | DUI & Criminal Defense — Prescott
140 N Montezuma St, Prescott, AZ 86301
Call 928-776-1782 • Free, confidential consult (phone/video/in-person)
This page is general information, not legal advice. For guidance on your specific situation, contact our Prescott office.