Free Initial Consultation (608) 257-2540

Se Habla Español

Madison criminal defense lawyer Robert T. Ruth defends individuals accused of child abuse in Wisconsin courts. He has been a Wisconsin lawyer since 1993 and has devoted his law firm to criminal defense since then. He is well-versed in all aspects of criminal defense in Wisconsin and federal courts, from the initial stages of a case through direct appeal, petition for review or petition for certiorari and collateral attack. If you stand accused of child abuse anywhere in Wisconsin, let his experience in the courtroom, along with his commitment to his clients, go to work for you.

Madison WI Child Abuse Defense Lawyer Attorney

Many different circumstances potentially lead to an accusation of child abuse. It may be a situation of a parent imposing discipline on the child. It may be a situation of one parent, wanting to damage another parent’s reputation, putting up a child to tell a story of supposed abuse. It may be a situation of a child, angry at a parent, making up a claim of abuse. It may be a situation of some third party, like a teacher, counselor or nurse, prompting a child to make a claim of abuse. Under any of the potential circumstances, an accusation of child abuse can be devastating. The situation, even handled well, creates the potential of forever changing the relationship between the parent and the child. It also includes the possibility of significant criminal penalties.

The crime of child abuse is not limited to interactions between a child and parent. It potentially includes anyone who is accused of causing harm to a child.

The penalty for child abuse, or physical abuse of a child as it is known in the Wisconsin criminal law, depends on the circumstances of the alleged abuse. It is always a felony, but some circumstances make it a more serious felony. The specifics of the potential crimes of child abuse in Wisconsin are set forth below.

948.03. Physical abuse of a child

(1) Definitions. In this section, “recklessly” means conduct which creates a situation of unreasonable risk of harm to and demonstrates a conscious disregard for the safety of the child.

(2) Intentional causation of bodily harm. (a) Whoever intentionally causes great bodily harm to a child is guilty of a Class C felony.
(b) Whoever intentionally causes bodily harm to a child is guilty of a Class H felony.
(c) Whoever intentionally causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class F felony.

(3) Reckless causation of bodily harm. (a) Whoever recklessly causes great bodily harm to a child is guilty of a Class G felony.
(b) Whoever recklessly causes bodily harm to a child is guilty of a Class I felony.
(c) Whoever recklessly causes bodily harm to a child by conduct which creates a high probability of great bodily harm is guilty of a Class H felony.

(4) Failing to act to prevent bodily harm. (a) A person responsible for the child's welfare is guilty of a Class F felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused great bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of great bodily harm by the other person or facilitates the great bodily harm to the child that is caused by the other person.

(b) A person responsible for the child's welfare is guilty of a Class H felony if that person has knowledge that another person intends to cause, is causing or has intentionally or recklessly caused bodily harm to the child and is physically and emotionally capable of taking action which will prevent the bodily harm from occurring or being repeated, fails to take that action and the failure to act exposes the child to an unreasonable risk of bodily harm by the other person or facilitates the bodily harm to the child that is caused by the other person.

(6) Treatment through prayer. A person is not guilty of an offense under this section solely because he or she provides a child with treatment by spiritual means through prayer alone for healing in accordance with the religious method of healing permitted under s. 48.981(3)(c)4. or 448.03(6) in lieu of medical or surgical treatment.

If you are accused of child abuse, do not even think about handling any aspect of the case without an experienced child abuse defense attorney. Call Madison criminal defense attorney Robert T. Ruth at 608-257-2540 for a free consultation if you need a child abuse defense lawyer in Wisconsin.