Child Neglect – Fairfax Criminal Lawyer

Child neglect prosecutions can arise from such incidents as giving the wrong medicine and driving under the influence, says Fairfax criminal lawyer

Child neglect (CN) prosecutions can arise in many circumstances, including death or illness from allegedly administering the wrong medicine and allegedly driving under the influence of alcohol or drugs. As a Fairfax criminal lawyer, I know the ideal way to treat children in your care is to watch out meticulously for their well-being. The main provision of Virginia's CN statute warns: "Any parent, guardian, or other person responsible for the care of a child under the age of 18 whose willful act or omission in the care of such child was so gross, wanton, and culpable as to show a reckless disregard for human life is guilty of a Class 6 felony." Virginia Code § 18.2-371.1. A Class 6 felony brings incarceration up to five years. Bumping CN to a Class 4 felony (incarcerable up to ten years) is the following injury-causing behavior: "Any parent, guardian, or other person responsible for the care of a child under the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child is guilty of a Class 4 felony. For purposes of this subsection, 'serious injury' includes but is not limited to (i) disfigurement, (ii) a fracture, (iii) a severe burn or laceration, (iv) mutilation, (v) maiming, (vi) forced ingestion of dangerous substances, and (vii) life-threatening internal injuries." That alone might make a person think twice before engaging in even one evening of childcare.

Check the label before administering medicine to the child you are caring for to avoid a child neglect prosecution.

As a Virginia drug lawyer, I urge people to know the legal prohibitions against sharing or administering medicines that have not been prescribed for the receiving person. Sometimes, such violations can lead to devastating and heartbreaking results. Christiana Lee Justice lost her child neglect appeal where she seemingly by accident provided her sick child with methadone -- which she herself was prescribed -- possibly by the methadone having been combined with another medicine. Justice v. Commonwealth of Virginia, ___ Va. App. ___ (Oct. 1, 2024). Her child died as a result. No matter how much one's child is in distress and pain, administering the wrong medicine or medicine prescribed for others can lead to dire consequences both for the child and the administering adult. Unfortunately for Ms. Justice, her tongue-wagging to medical personnel and the police only dug herself even more deeply into a hole that helped convict her. When one's loved one has died or is seriously ill or injured, the suspect may have all the more a challenge not to wag their tongue. However, especially where tongue-wagging is not going to help the relative needing help, waiving one's Fifth Amendment Constitutional right to remain silent with police is a bad approach.

Keep minor children out of your car if you want to drive after drinking beer, wine, or alcohol.

If you get convicted of DUI in Virginia while transporting a minor, you risk a mandatory minimum of five days in jail. Va. Code § 18.2-270(D). Worse is that some police officers -- my seeing more of such situations parallel to Fairfax DWI prosecutions -- have a penchant for also seeking a child neglect prosecution for such behavior. I can argue until I am blue in the face that the rule of lenity and other Constitutional Due Process provisions preclude such a felony prosecution when the foregoing five-day mandatory minimum statutory provision is available. Nonetheless, why put yourself on the pins and needles of learning whether such an argument will work, particularly when considering that you will not be able to litigate your felony case -- beyond the preliminary hearing stage -- until your case gets indicted in the Virginia Circuit Court?

Let children enjoy their childhoods without risking your liberty.

Virginia's child neglect felony law, at first blush, can look like a killjoy for you having a healthy relationship with your children that does not unduly hem them in. Nonetheless, this being the law, you can find ways to monitor your behavior without impinging much, if at all, on a relatively balanced, carefree life for your children and a strong bond between you and your children. Take reasonable and balanced precautions, and you can accomplish such goals.

Fairfax criminal lawyer Jonathan Katz knows that obtaining the best possible results in court is essential for you. Jon Katz walks the walk in pursuing your best defense, backed up by repeatedly successful results through his experience defending thousands of defendants prosecuted for alleged felony, misdemeanor, and DUI offenses. Jon can usually meet with you within a business day of your calling our office for your free in-person initial confidential consultation about your court-pending case at 703-383-1100, info@BeatTheProsecution.com and (text) 571-406-7268.